Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you retain an attorney for probate in Arkansas, the initial representation agreement (sometimes called an engagement letter) outlines the scope of work. It defines which tasks the attorney will handle under the agreed fee and which services require additional agreements or fees.
Common tasks typically covered under an initial Arkansas probate representation agreement include:
- Reviewing and admitting the will to probate (Ark. Code Ann. §28-40-101)
- Appointing a personal representative or executor
- Gathering and inventorying estate assets (Ark. Code Ann. §28-41-105)
- Publishing and mailing notices to creditors (Ark. Code Ann. §28-41-106)
- Preparing and filing required court documents, including petitions and inventories
- Assisting with estate tax or income tax filings
- Preparing final accounting and distribution of assets
An initial agreement often excludes contested litigation, guardianships, trust administration, federal tax controversies, or post-distribution disputes. To confirm covered tasks, review your agreement carefully and discuss any unclear items with your attorney. Under Arkansas Supreme Court Rule of Professional Conduct 1.5, attorneys must communicate the scope of representation and fee arrangements clearly (Ark. Sup. Ct. Rules of Prof’l Conduct R. 1.5).
How to Confirm Covered Tasks
- Review the Engagement Letter: Identify sections titled “Scope of Services” or “Services Included.”
- Ask Specific Questions: Request examples of what the attorney will and will not do without an added agreement.
- Compare to Statutory Duties: Cross-reference tasks with Arkansas probate code sections.
- Get Written Amendments: If you need extra work, have your attorney add it in writing.
Helpful Hints
- Request a timeline for key probate milestones.
- Clarify whether appraisal and court filing fees are included.
- Identify who will handle creditor claims and disputes.
- Confirm billing increments (e.g., hourly vs. flat fee).
- Keep a signed copy of your representation agreement and any amendments.
Disclaimer: This article is for informational purposes only and does not create an attorney–client relationship. Consult a licensed Arkansas attorney for advice tailored to your circumstances.