How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Arizona | Arizona Probate

Detailed Answer

Understanding the Initial Probate Representation Agreement
An initial probate representation agreement outlines the scope of legal services your attorney will provide when you open a probate estate in Arizona. The agreement serves as a roadmap, defining which tasks your lawyer will handle and which services may trigger additional fees. Knowing what falls within the initial scope helps you manage costs and avoid misunderstandings.

Core Tasks Typically Covered

Most Arizona probate attorneys include these basic services in an initial agreement:

Reviewing the will and estate planning documents.
Preparing and filing the probate petition with the Superior Court. See A.R.S. §14-3001 et seq. (https://www.azleg.gov/arsDetail/?title=14&chapter=3&article=1).
Notifying heirs and beneficiaries according to A.R.S. §14-3111 (https://www.azleg.gov/arsDetail/?title=14&chapter=3&article=11&section=14-3111).
Publishing notice to creditors as required by A.R.S. §14-3801 (https://www.azleg.gov/arsDetail/?title=14&chapter=3&article=8&section=14-3801).
Gathering and securing estate assets (bank accounts, real estate, personal property).
Preparing an initial inventory and appraisement under A.R.S. §14-3802 (https://www.azleg.gov/arsDetail/?title=14&chapter=3&article=8&section=14-3802).

Services Often Excluded or Billed Separately

Attorneys generally list these services as extra, billed hourly or under a fee schedule:

Handling real property sales or transfers, including drafting deeds.
Resolving complex creditor claims or tax issues.
Preparing federal or state estate tax returns.
Lodging formal accountings beyond the initial inventory.
Litigating contested disputes among heirs or creditors.
Post-distribution tasks, such as closing trusts or out-of-state assets.

Customizing Your Agreement

Arizona courts allow attorneys to agree on fees subject to later court approval under A.R.S. §12-2608 (https://www.azleg.gov/arsDetail/?title=12&chapter=2&article=6&section=12-2608). To tailor your agreement:

List every task you need the attorney to perform.
Define flat fees versus hourly rates for each category.
Specify any caps or hourly limits to control costs.
Outline procedures for authorizing additional services.
Confirm billing frequency and invoicing details.

Key Statutes:
• A.R.S. §14-3001 et seq.: Probate petitions
• A.R.S. §14-3111: Notice to heirs and beneficiaries
• A.R.S. §14-3801–3802: Creditor notices and inventories
• A.R.S. §12-2608: Fee agreements and court approval

Disclaimer: This article provides general information under Arizona law and is not legal advice. Consult a qualified probate attorney to discuss your specific situation.

Helpful Hints

Read the representation agreement carefully before signing.
Ask your attorney to clarify any vague or open-ended fees.
Keep a log of tasks you believe are outside the initial scope.
Request regular billing updates to avoid surprise fees.
Review the Arizona probate statutes cited to understand your rights.