Detailed Answer
When you engage an attorney for probate in New Jersey, your retainer agreement serves as the roadmap for what the lawyer will and won’t do. Under New Jersey law, attorneys must clearly communicate the scope of representation in writing (see N.J. Stat. Ann. § 45:14B-16 on fee agreements). To determine which tasks fall under your initial probate representation agreement, follow these steps:
1. Review the Written Scope of Work
- Locate the section labeled “Scope of Representation” or “Services Included.”
- Identify each task the attorney has agreed to perform.
- Note any tasks listed under “Additional Services” or “Excluded Services.”
2. Compare Against Standard Probate Steps
Most initial probate agreements in New Jersey cover these core tasks. If your agreement omits them, ask your attorney to clarify:
- Filing the probate petition with the county Surrogate’s Court (N.J. Ct. R. 4:98-1). See N.J. Ct. R. 4:98.
- Notifying heirs, beneficiaries, and known creditors.
- Collecting, safeguarding, and valuing estate assets.
- Publishing notice to creditors (N.J. Stat. Ann. § 3B:17-1 et seq.).
- Preparing and filing required inheritance and estate tax returns.
- Paying valid debts, funeral expenses, and taxes out of estate funds.
- Distributing remaining assets to heirs or beneficiaries.
3. Identify Common Exclusions
Initial retainers often exclude specialized or contested matters. Confirm whether these tasks require a separate agreement or additional fees:
- Contested or litigious probate proceedings.
- Ancillary probate in other states.
- Complex tax planning beyond basic return preparation.
- Guardianship, conservatorship, or trust administration.
- Drafting or amending estate planning documents (wills, trusts).
4. Ask for Clarification or Amendment
- Request an amended retainer that lists any additional services you need.
- Confirm fee structure—flat fee versus hourly rate for extras.
- Get all changes in writing to avoid billing surprises.
By reviewing your agreement against the standard probate workflow and confirming exclusions, you ensure you and your attorney share clear expectations.
Helpful Hints
- Keep a copy of your retainer agreement and review it before each major milestone.
- Maintain a written log of tasks completed and questions asked.
- Refer to the New Jersey Surrogate’s Court website for local probate forms and deadlines.
- Ask for a written update if you’re unsure whether a pending item falls under your retainer.
- Consult the New Jersey Rules of Professional Conduct for fee communication requirements.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.