Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
An initial probate representation agreement is a written contract between you and your attorney that outlines the scope of legal services the attorney will provide in managing a decedent’s estate in California. To determine which tasks are covered under this agreement, follow these steps:
- Review the Engagement Letter. California requires certain fee agreements to be in writing under Business and Professions Code § 6148. The engagement letter should define the scope, fee structure, billing rates, and additional costs.
- Identify Defined Services. Look for sections titled “Scope of Representation” or “Services Provided.” These typically list tasks such as:
- Filing the petition for probate and obtaining letters testamentary (Probate Code §§ 8000–8020)
- Notifying heirs and beneficiaries
- Inventorying and appraising estate assets
- Publishing creditor notices
- Managing estate bank accounts and paying debts
- Filing final accountings with the court
- Check for Exclusions and Additional Services. Many agreements exclude extraordinary or contested matters—such as asset litigation, guardianship disputes, or complex tax filings—and state that such work requires a separate fee agreement.
- Understand Fee Structures. California’s statutory probate fee schedule appears in Probate Code § 10810. The initial agreement should specify if fees adhere to this schedule or use an hourly or flat-rate model.
- Confirm Communication and Reporting. The agreement should state how often the attorney will provide case updates, deliver accountings, and respond to inquiries.
By carefully reviewing these components in your initial agreement, you can pinpoint the tasks your attorney will handle and identify which items will trigger additional fees or require separate engagement letters.
Helpful Hints
- Ask your attorney to clarify any vague terms or undefined tasks.
- Keep a copy of your signed agreement and any amendments.
- Request a task list or timeline at the outset of representation.
- Attend all court hearings when your attorney schedules you.
- Document all communications and fee statements for your records.