Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a Georgia probate attorney to discuss your specific circumstances.

Determining Tasks Covered Under an Initial Probate Representation Agreement in Georgia

Detailed Answer

Review the “Scope of Work” in Your Engagement Letter

An initial probate representation agreement—also known as an engagement letter—outlines the services your attorney will provide during estate administration. In Georgia, standard services covered under the initial agreement often include:

Filing a probate petition with the probate court (O.C.G.A. § 53-4-30; Title 53, O.C.G.A.).
Preparing and filing an inventory of estate assets (O.C.G.A. § 53-7-20).
Notifying heirs, beneficiaries, and creditors (O.C.G.A. §§ 53-7-1 – 53-7-30).
Marshaling assets and paying valid debts, expenses, and taxes.
Preparing and submitting the final accounting (O.C.G.A. § 53-7-60).
Distributing assets and closing the estate.

Identify Excluded or Additional Services

Some complex matters typically fall outside the initial fee agreement. These may include:

Will contests or litigated disputes.
Estate tax planning or tax return preparation beyond basic income tax filings.
Real estate boundary or partition disputes.
Ongoing trust administration after probate closes.
Business valuations or partnership dissolutions.

Clarify Your Fee Structure

Probate representation agreements in Georgia can use several billing methods:

Flat fee for routine probate administration.
Hourly billing for tasks beyond the agreement’s scope.
Capped or blended fee arrangements.

Ask your attorney how additional work is billed and whether they will seek your approval before performing out-of-scope services.

Communicate Proactively

Under Georgia Rule of Professional Conduct 1.4, attorneys must communicate clearly about scope and fees. If any service in the agreement is unclear, request clarification. Important questions include:

Which specific probate tasks are included in the initial fee?
What triggers additional charges?
How often will I receive billing statements?

Refer to Georgia Probate Statutes

Georgia’s probate statutes establish standard administration requirements:

O.C.G.A. § 53-4-30: Petition for probate of wills (Title 53, O.C.G.A.).
O.C.G.A. § 53-7-20: Inventory of estate assets requirement.
O.C.G.A. § 53-7-60: Final accounting and settlement.

Helpful Hints

Read the entire engagement letter before signing.
Obtain a written estimate for work beyond the standard scope.
Keep copies of all probate filings and correspondence.
Monitor Georgia probate court deadlines to avoid sanctions.
Ask for periodic updates to track progress and costs.
Save all receipts and expenses for the closing accounting.
Consider a second opinion if your estate involves unusual assets or contested issues.