Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Alaska for guidance on your specific situation.
Detailed Answer
An initial probate representation agreement sets out the tasks an attorney will perform when opening and administering an estate in Alaska. Understanding which services fall under that agreement helps you budget for fees and avoid surprises.
1. Review the Engagement Letter
The attorney’s engagement letter or fee agreement is the primary document defining scope. It should list each service covered, such as preparing and filing the petition for probate, providing notice to heirs, identifying and securing assets, and preparing an inventory and accounting. Always read this letter carefully and ask questions about anything that’s unclear.
2. Core Probate Tasks Under Alaska Law
Under Alaska Statutes Title 13, Chapter 16 (AS 13.16.010 et seq.), the basic duties include:
- Filing the petition to open probate (AS 13.16.010);
- Providing notice to heirs and interested parties (AS 13.16.020);
- Locating and securing estate assets;
- Preparing and filing an inventory of assets (AS 13.16.110);
- Managing creditor claims and distributing notice to creditors;
- Preparing interim and final accountings;
- Closing the estate and distributing assets to beneficiaries.
3. Excluded or Additional Services
Some tasks often fall outside the initial scope and may incur extra fees. Examples include:
- Contested probate matters or will contests;
- Litigation against creditors or third parties;
- Sale of real estate requiring separate negotiations or court approval;
- Complex tax filings or IRS negotiations;
- Guardianship or conservatorship proceedings.
4. Confirm Fee Structures
Alaska doesn’t set fixed probate fees for attorneys. Instead, agreements often specify an hourly rate, flat fee, or percentage of the estate’s value. Confirm whether routine tasks like preparing the petition are included in a flat fee and what triggers additional billing.
Helpful Hints
- Ask for a clear, written description of covered and non-covered tasks before signing.
- Compare multiple attorneys’ engagement letters to understand standard industry practices.
- Request periodic billing summaries to track work completed under the initial agreement.
- Clarify which court fees and filing costs you must pay directly.
- Keep records of all communications and document deliveries to the attorney.