Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you sign an initial probate representation agreement with a New York attorney, the document defines the scope of legal services. Under the New York Rules of Professional Conduct, 22 NYCRR Part 1215.1(g), an attorney must describe in writing the specific tasks they will perform. Reviewing this written retainer is your first step in determining which tasks the lawyer will handle.
Typical tasks covered under an initial probate agreement include:
- Preparing and filing the probate petition (informal probate): EPT 3-2.1.
- Drafting necessary documents such as affidavits, waivers and proofs of service: EPT 3-1.1.
- Serving statutory notices on heirs and creditors: EPT 3-3.2.
- Collecting and inventorying estate assets for court approval.
- Assisting with informal asset distribution under EPT 5-1.1.
- Preparing and filing a final accounting and closing the estate.
Some tasks often require separate agreements or additional fees. These may include:
- Handling contested probate or will objections.
- Ancillary probate in another jurisdiction.
- Complex tax planning and estate tax returns.
- Real estate closings or mortgage payoffs.
- Litigation over creditor claims or beneficiary disputes.
To be certain which tasks your attorney will perform, follow these steps:
- Carefully review the retainer letter or engagement agreement for a detailed list of services.
- Ask your attorney to amend the agreement if you need additional services.
- Clarify billing arrangements—hourly, flat fee, or hybrid—so you know how additional tasks will affect costs.
- Keep a written record of any scope changes, email confirmations or signed addenda.
- Request regular status updates to confirm tasks performed and upcoming actions.
Helpful Hints
- Always read the entire retainer agreement before signing.
- Request a clear, itemized scope of work.
- Ask for examples of tasks typically excluded.
- Keep copies of all signed documents and correspondence.
- Confirm whether court filing fees are included in the retainer.
- Ask about counsel’s plan for estate tax filings.
- Maintain open communication to avoid unexpected costs.