Detailed Answer

When you sign an initial probate representation agreement with an attorney in Montana, the document should clearly spell out which tasks the lawyer will handle and which tasks may require additional fees or a new agreement. Under Montana law, the scope of representation is defined by the retainer agreement and guided by professional conduct rules.

Understanding the Initial Scope of Probate Representation

In Montana, probate begins when someone files a petition for probate with the district court. Your retainer agreement typically covers the following initial steps:

• Case Assessment: Reviewing the decedent’s will (if one exists) or determining heirs under intestate succession.
• Petition Preparation and Filing: Drafting and filing the petition to open probate (Mont. Code Ann. § 72-3-201).
• Appointment of Personal Representative: Guiding you through court requirements for letters of appointment.
• Notice to Interested Parties: Preparing and serving notice to heirs, beneficiaries, and potential creditors.
• Inventory and Appraisal: Compiling an inventory of assets and arranging appraisals (Mont. Code Ann. § 72-3-403).

Tasks Often Outside the Initial Agreement

Some probate-related tasks typically require an amendment or new agreement:

• Estate Tax Filings: Preparing federal or state estate tax returns.
• Complex Real Estate Transfers: Handling real property sales, surveys, or quiet title actions.
• Trust Administration: Administering trusts established by the will.
• Litigation: Contesting wills or disputes over creditor claims.
• Bond Procurement: Securing a personal representative bond if court-required.

Confirming the Scope in Your Retainer Agreement

To ensure clarity, a well-drafted initial probate agreement should:

• List each task the attorney agrees to perform.
• Specify services considered “additional” and how those will be billed.
• Outline fee structure (hourly rates, flat fees) and expenses (court costs, appraisal fees).
• Include communication protocols (how often you’ll receive updates).

Key Statutes and Rules

• Mont. Code Ann. § 72-3-201 (Petition for probate)
• Mont. Code Ann. § 72-3-403 (Inventory and appraisal)
• Mont. Code Ann. § 72-3-803 (Notice to creditors)
• Mont. Rules of Professional Conduct, Rule 1.2 (Scope of representation)

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Montana attorney for guidance specific to your case.

Helpful Hints

• Ask your attorney to walk through each task listed in the agreement.
• Request a written list of “extra” services and their fees.
• Clarify deadlines for filings and inventory appraisals.
• Keep copies of all court filings and correspondence.
• Review the agreement before signing and ask questions if anything is unclear.