How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in DE | Delaware Probate | FastCounsel
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How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in DE

August 6, 2025 2 min read

Understanding the Scope of an Initial Probate Representation Agreement

Detailed Answer

When you hire an attorney to handle a probate matter in Delaware, you sign an initial representation agreement that defines which tasks the lawyer will perform. The agreement protects you, the personal representative (executor or administrator), and the attorney by setting clear expectations on scope and fees.

1. Core Probate Tasks Typically Included

  • Initial Consultation and File Review: Gathering the decedent’s will, death certificate, asset and liability information.
  • Petition for Appointment (12 Del. C. § 3903): Drafting and filing the petition to appoint a personal representative in the Court of Chancery. 12 Del. C. § 3903.
  • Notification of Heirs and Creditors: Preparing and sending statutory notices under 12 Del. C. § 3910 and § 3913, including publishing notices to unknown creditors.
  • Letters Testamentary or Administration: Securing court-issued letters that empower the personal representative to act on the estate’s behalf.
  • Asset Identification and Inventory (12 Del. C. § 3918): Compiling an inventory of estate assets and their valuations. 12 Del. C. § 3918.

2. Commonly Excluded or Additional Services

The initial agreement often limits coverage to basic administration. Make sure to identify tasks that may require separate consent or addendum:

  • Tax Filings (estate and fiduciary income tax returns).
  • Estate Litigation (will contests, creditor disputes).
  • Asset Sales and Real-Estate Closings.
  • Final Distribution and formal accountings.
  • Guardianships or Trust Administration if the estate includes ongoing trust management.

3. How to Confirm the Agreement’s Coverage

  1. Read the Engagement Letter Carefully. Look for a section titled “Scope of Services.”
  2. Ask About Fee Structure. Under Delaware Lawyers’ Rules of Professional Conduct, Rule 1.5, attorneys must disclose how they bill—hourly, flat fee, or hybrid.
  3. Request a Task List. Attorneys should provide a checklist of what’s included and what triggers extra billing.
  4. Document Changes in Writing. If you add tasks later, confirm cost estimates and timeframes in a written amendment.

Helpful Hints

  • Keep a copy of every signed document and fee schedule.
  • Maintain an organized file of communications and invoices.
  • Schedule periodic status calls to track progress against the agreement.
  • Clarify early whether the attorney will mediate disputes among heirs.
  • Verify court-filing deadlines to avoid penalties or delays.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney to address your specific probate needs.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.