Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Louisiana attorney for guidance on your specific situation.
Detailed Answer
1. Understand the Nature of an Initial Probate Representation Agreement
An initial probate representation agreement is a written engagement letter between you and your attorney outlining which probate-related services the attorney will provide, and which services are excluded or billed separately. Under Louisiana law, attorneys must clearly define fee arrangements and scope of work to comply with the Louisiana Rules of Professional Conduct, Rule 1.5.
2. Review Key Probate Tasks in Louisiana
Probate in Louisiana follows the rules in the Louisiana Code of Civil Procedure, Title V: Succession Procedures. Common tasks include:
- Filing the Petition for Probate (C.C.P. art. 3193) to open succession proceedings.
- Notifying heirs and publishing notice to creditors.
- Drafting and filing an Inventory and Appraisement (C.C.P. art. 3271).
- Collecting and securing estate assets.
- Paying valid debts and expenses of administration.
- Drafting and filing a final account and petition for homologation.
- Transferring assets to heirs or legatees.
3. Match Tasks to Your Engagement Letter
Your initial agreement should list tasks the attorney will handle as part of the base fee or hourly rate. Commonly covered items include preparation and filing of the probate petition, basic correspondence with the court, and preparing the preliminary inventory. Excluded items often include complex real estate litigation, tax counsel, handling contested claims, or ancillary administrations outside Louisiana.
4. Ask Specific Questions Before Signing
To clarify scope, ask your attorney:
- “Will you prepare the published notice to creditors?”
- “Is the cost of asset appraisal included?”
- “Are court filing fees covered or billed separately?”
- “Do you handle contested successions or only uncontested matters?”
5. Amend or Supplement the Agreement As Needed
If additional tasks arise—like selling estate property or resolving title disputes—request a written amendment to your representation agreement. Clear, written modifications prevent misunderstandings and ensure compliance with professional conduct rules.
Helpful Hints
- Keep a copy of your signed engagement letter for reference.
- Create a checklist of probate milestones and compare it to your agreement.
- Ask your attorney for a simple flowchart of covered tasks versus add-on services.
- Confirm who will handle routine communications—your primary attorney or paralegal.
- Review billing statements monthly to ensure only agreed services appear.