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Understanding Initial Probate Representation Agreements in Mississippi

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Mississippi attorney before making decisions.

Detailed Answer

An initial probate representation agreement sets out the tasks an attorney will perform when opening and administering a decedent’s estate in Mississippi chancery court. To determine which tasks are covered, follow these steps:

1. Review the Engagement Letter: Under the Mississippi Rules of Professional Conduct Rule 1.5(b), attorneys must communicate in writing the scope of representation and fees. Read your engagement letter or fee agreement carefully to see which services are included (e.g., filing petitions) and which may incur additional charges (e.g., complex asset valuations or litigation).
2. Identify Core Probate Tasks: Most initial agreements cover standard steps required by Miss. Code Ann. § 91-5-1 et seq. These typically include:
   • Gathering and reviewing the will or death certificate.
   • Preparing and filing the Petition for Probate with the chancery court (Miss. Code Ann. § 91-5-25).
   • Obtaining Letters Testamentary or Letters of Administration (Miss. Code Ann. § 91-5-51).
   • Publishing notice to creditors and mailing notices per Miss. Code Ann. § 91-5-111 (text).
   • Collecting estate assets and preparing a preliminary inventory (Miss. Code Ann. § 91-7-205).
3. Check for Exclusions: An initial agreement often excludes specialized tasks such as contested will litigation, tax return preparation, real estate closings, or ongoing investment management. These services require separate fee arrangements.
4. Confirm Court and Statutory Requirements: Ensure your attorney will comply with all procedural steps under Mississippi probate law:
   • Miss. Code Ann. § 91-5-25 (Filing petitions)
   • Miss. Code Ann. § 91-5-51 (Issuance of letters)
   • Miss. Code Ann. § 91-5-111 (Creditor notices)
   • Miss. Code Ann. § 91-7-205 (Inventory)
5. Ask for a Task List: If the engagement letter is vague, request a written task list detailing what the attorney will do and what falls outside the initial fee. This clarifies expectations and prevents surprises.

Helpful Hints

• Request periodic updates on your estate’s status, even for covered tasks.
• Keep copies of all filed documents and correspondence.
• Compare multiple attorneys’ engagement letters to find the best value.
• Ask if flat fees cover court costs or if those are billed separately.
• Retain invoices to track which services remain unpaid or are billable.