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

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

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The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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