Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for guidance tailored to your situation.

1. Detailed Answer

When you hire an attorney to handle probate in Hawaii, the initial representation agreement (or engagement letter) should clearly list the tasks the lawyer will perform and those that may require extra fees or a separate agreement. To determine what is included, follow these steps:

1. Review the Engagement Letter: Look for a section labeled “Scope of Representation.” This section should enumerate services such as:
   • Drafting and filing the probate petition (HRS § 560:3-102).
   • Notifying heirs, devisees, and interested parties (HRS § 560:3-202).
   • Preparing the inventory and appraisal of estate assets (HRS § 560:3-107).
   • Publishing or mailing creditor notices and handling claims (HRS § 560:3-801).
   • Preparing accountings and petitions for final distribution (HRS § 560:3-906).
2. Identify Excluded or Optional Services: Common exclusions are contested will disputes, guardianship proceedings, tax audits, business valuations, or real estate closings. If you need these tasks, request a written amendment or separate fee arrangement.
3. Compare to Hawaii Probate Code: Cross-check your agreement’s scope against the statutory steps in the Hawaii Probate Code (Chapter 560). This helps confirm that all basic duties are covered. See the full chapter at the Hawaii State Legislature’s website.
4. Ask Clarifying Questions: If the agreement uses legal jargon like “all ordinary proceedings,” ask your attorney to list each task in plain language. Confirm whether tasks such as tax returns, court hearings, or real estate transfers are included.
5. Check Fee Structure: Determine if the agreement uses an hourly rate, flat fee, or hybrid structure. Understand whether any disbursements—court filing fees, publication costs, appraiser fees—are included or billed separately.
6. Get It in Writing: Any additions or carve-outs should be documented in an amended agreement or engagement letter. Never rely on verbal promises.

2. Helpful Hints

• Request a summary table in the engagement letter listing each probate step and the associated fee.
• Keep a copy of all correspondence and your signed agreement for reference.
• Ask if the attorney will handle estate tax or income tax returns; these often require separate expertise.
• Verify whether the attorney will attend every court hearing or only key appearances.
• Discuss timelines—knowing how long each task usually takes under HRS Chapter 560 can set realistic expectations.
• Review billing invoices regularly to ensure charges align with the agreed scope.
• If disputes arise about scope, consider consulting a second attorney or contacting the Hawaii State Bar Association’s Client Assistance Office for guidance.