Disclaimer: This article provides general information under Indiana law only and does not constitute legal advice.
Detailed Answer: Identifying Included Tasks in Your Initial Probate Representation Agreement
In Indiana, a probate representation agreement outlines the legal services an attorney will provide when administering an estate. Under the Indiana Rules of Professional Conduct Rule 1.2 (Scope of Representation) and Rule 1.5 (Fees), attorneys must clearly define the scope of representation and fee structure in writing.
Additionally, Indiana Code § 29-1-14-1 applies to attorney fees in probate proceedings. It does not strictly list tasks but requires that fees and services align with the written engagement.
Typical tasks covered under an initial probate representation agreement include:
- Filing the probate petition with the court
- Notifying heirs, beneficiaries, and known creditors
- Preparing and filing an inventory of estate assets
- Publishing statutory creditor notices
- Managing routine creditor claims and payments
- Preparing essential tax returns (estate and final personal returns)
- Facilitating distribution of assets according to the will or Indiana’s intestacy laws
- Closing the estate and filing final reports
Some tasks often fall outside the standard initial scope and may incur additional fees:
- Handling complex disputes among heirs or creditors
- Trust administration or contested trust issues
- Ancillary probate in other states
- Litigation, such as will contests or accounting proceedings
- Appeals of probate court decisions
To determine which tasks your initial agreement covers:
- Request a written engagement letter. Ensure it lists each service the attorney will perform.
- Compare the list to your estate’s needs. Identify any gaps.
- Clarify additional fees. Ask if hourly rates or flat fees apply to extra tasks.
- Negotiate scope or fees before signing. You may limit services to reduce costs.
Helpful Hints
- Always get the fee agreement in writing before work begins
- Ask the attorney to itemize services and fees in the engagement letter
- Confirm how often you will receive updates and billing statements
- Check state probate rules at Indiana Code Title 29
- Request a written description of additional service fees
- Seek a second opinion if large estates or complex issues exist
- Keep copies of all signed agreements and court filings