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

Detailed Answer

Under Missouri law, an initial probate representation agreement is a written contract between you and a probate attorney that outlines the scope of services and fee structure. Missouri statutes in Chapter 473 govern the duties of personal representatives, but they do not mandate a specific format for your agreement. However, Missouri Supreme Court Rule 4-1.5 requires attorneys to communicate the scope of representation and fee arrangements in writing when entering non-routine matters.

Key Tasks Typically Included

  • Filing the probate petition and opening the estate (see RSMo § 473.510)
  • Securing Letters Testamentary or Letters of Administration
  • Notifying heirs and creditors (see RSMo § 473.773)
  • Collecting and safeguarding estate assets
  • Preparing the inventory and appraisement (see RSMo § 473.480)
  • Paying valid debts and taxes
  • Preparing and filing accountings
  • Distributing remaining assets to beneficiaries
  • Closing the estate with the court (see RSMo § 473.320)

Common Exclusions

  • Contested matters, such as will contests or creditor disputes
  • Preparation of federal or state estate tax returns
  • Representation in litigation unrelated to basic probate administration
  • Guardianship or trust administration

How to Review and Confirm Scope

  • Ask for a detailed list of tasks in your engagement letter
  • Confirm billing method: hourly rate, flat fee, or hybrid
  • Check for clauses addressing additional services or litigation
  • Ensure termination rights and refund policies are clear
  • Review estimate of total fees and expenses

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.

Helpful Hints

  • Obtain a written engagement letter before any work begins.
  • Keep copies of all signed agreements and fee schedules.
  • Ask your attorney to explain any unfamiliar terms in plain language.
  • Monitor billing statements and request itemized invoices.
  • Discuss alternative fee arrangements if cost is a concern.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.