Understanding Initial Probate Representation Agreements in Nevada
When you lose a loved one, the first step in settling their estate is often hiring an attorney under an initial probate representation agreement. This contract outlines the scope of work, fees, and responsibilities. Knowing which tasks are covered helps you avoid surprise bills and ensures you get the services you need.
What Is a Probate Representation Agreement?
A probate representation agreement is a written contract between you (the client) and your attorney. In Nevada, any agreement for legal fees over $1,000 must be in writing under NRS 18.015. It defines the attorney’s duties, the fee structure (hourly, flat fee or contingency), and how additional services will be billed.
Key Tasks Typically Covered
While every agreement varies, these tasks often fall under the initial scope:
- Case Evaluation: Reviewing the will, trust documents and estate assets.
- Petition Preparation and Filing: Drafting and submitting the petition to open probate court under NRS 132.040.
- Notice to Heirs and Creditors: Publishing notice as required by NRS 132.100 and serving notices to known creditors.
- Appointment of Personal Representative: Securing the court’s appointment under NRS 132.130.
- Inventory and Appraisal: Compiling and filing the estate inventory per NRS 132.380.
- Claims Resolution: Identifying and resolving creditor claims within statutory deadlines.
- Final Accounting and Distribution: Preparing the accounting, obtaining court approval and distributing assets to beneficiaries.
Factors That Affect Coverage
The final agreement depends on:
- Estate Complexity: Number and value of assets, real property, businesses.
- Will Contests: Disputes among heirs add billable tasks outside the basic package.
- Creditor Issues: Complex claims or litigation may trigger additional fees.
- Ancillary Probate: Estates with out-of-state assets may require extra filings.
How to Confirm the Scope of Your Agreement
- Read the written fee agreement line by line.
- Ask your attorney for a checklist of included services.
- Clarify which tasks incur extra fees and the hourly rates.
- Get all promises in writing and reference relevant statutes.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Nevada to discuss your specific circumstances.
Helpful Hints
- Always secure a written fee agreement before work begins.
- Request periodic billing statements to track fees and tasks.
- Compare fee agreements from multiple attorneys to ensure fairness.
- Keep copies of all court filings and notices for your records.
- Ask for referrals if you need probate or estate-planning specialists.