Detailed Answer
When you hire an attorney to open a probate estate in Minnesota, the initial probate representation agreement (often called a retainer agreement or engagement letter) defines which tasks the lawyer will handle. Under Minnesota Rule of Professional Conduct 1.2(c) (Scope of Representation), you and your attorney can agree to limit or expand the services. Fee arrangements must comply with Rule 1.5 (Fees and Fee Division).
Commonly included tasks in a standard initial probate agreement:
- Initial client interview and file opening.
- Review of the decedent’s will and estate documents.
- Preparation and filing of the probate petition under Minn. Stat. §524.3-301.
- Serving formal notice to heirs, beneficiaries and creditors.
- Identification, collection and safeguarding of estate assets.
- Preparation of the inventory and appraisal as required by Minn. Stat. §524.3-101.
- Filing routine creditor claims and responses under Minn. Stat. §524.3-801.
- Preparation of interim and final accountings under Minn. Stat. §524.4-101.
- Distribution of assets in accordance with the will or intestacy rules (Minn. Stat. §524.2-101).
Tasks often excluded unless you specifically add them:
- Will contests, creditor disputes or other contested litigation.
- Complex tax planning or IRS negotiations.
- Trust administration or trust litigation.
- Real estate litigation or boundary disputes.
- Appeals or post-probate petitions (e.g., reopening an estate).
How to Confirm Covered Tasks
- Read the “Scope of Services” section of your engagement letter.
- Note any exclusions or tasks labeled “additional services.”
- Ask your attorney to explain vague wording or hidden fees.
- Request a written amendment to add critical services.
- Verify billing rates and whether disbursements (filing fees, publication costs) are included.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific probate needs.
Helpful Hints
- Get a written summary after your first meeting listing covered tasks.
- Clarify whether services are billed at a flat fee or hourly rate.
- Ask if routine costs (court fees, postage) are part of the retainer.
- Keep copies of all filings and correspondence for your records.
- Review Minnesota Bar Association guidance on limited‐scope representation.