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

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in New Hampshire for guidance on your specific situation.

Detailed Answer

When you hire an attorney for probate administration in New Hampshire, the scope of work should appear in your initial representation agreement. Under NH Rule of Professional Conduct 1.5, attorneys must communicate the scope of representation and their fees in writing before or within a reasonable time after starting work.

To determine which tasks fall under that agreement, follow these steps:

1. Review the engagement letter or fee agreement. This document should list all services covered—such as preparing and filing the petition for probate, drafting required notices, and conducting the initial asset inventory.
2. Identify core probate duties. Typical included tasks are:
   • Preparing and filing the application for probate of will or letters of administration.
   • Drafting and publishing notices to creditors and heirs.
   • Inventorying estate assets and obtaining appraisals.
   • Securing surety bonds, if required by the court.
   • Filing initial and intermediate accountings with the probate court.
   • Distributing assets to beneficiaries according to the will or RSA 560:1–36 (intestate distribution).
   • Closing the estate and filing the final accounting and petition to settle up.
3. Spot excluded or additional services. Your agreement may list services not covered by the flat or hourly fee, including:
   • Contested matters, such as will contests or creditor disputes.
   • Complex tax filings (federal or state estate, gift, or income tax returns).
   • Guardianship or conservatorship proceedings.
   • Appeals or post-judgment motions.
   • Negotiation with taxing authorities or large-scale business valuations.
4. Ask for clarification. If any item seems vague—like “estate administration tasks”—request a detailed breakdown in writing. Clear communication prevents misunderstandings and unanticipated charges.
5. Understand fee allowances under New Hampshire law. The probate court sets statutory fee allowances in accordance with RSA 547:16. Your attorney may charge agreed-upon rates, subject to court approval when fees are due from the estate.

Helpful Hints

• Keep your fee agreement and all written amendments in a safe file.
• Track hours and activities if you pay an hourly rate; request periodic billing statements.
• Compare your agreement to the tasks actually performed—raise questions early if there’s a discrepancy.
• Remember that major changes—like contested litigation—usually require an updated engagement letter.
• Consult NH Probate Court local rules for your county at courts.state.nh.us/probate.