Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
Detailed Answer
When you hire an attorney for initial probate representation in Oklahoma, the engagement agreement should clearly list the services the lawyer will perform before additional fees apply. Under the Oklahoma Probate Code (58 O.S. §§ 101–399), there is no mandatory checklist of tasks. However, a well-drafted agreement typically covers:
- Initial Case Evaluation: Attorney review of the decedent’s will (if one exists), assets, beneficiary information and basic estate planning documents.
- Filing the Petition: Preparing and filing the application for probate in the correct county court. This initiates the probate process under 58 O.S. § 202.
- Notices to Heirs and Creditors: Drafting and sending required notices to heirs, devisees and known creditors as outlined in 58 O.S. § 204.
- Inventory Preparation: Listing estate assets and filing an inventory pursuant to 58 O.S. § 227.
- Basic Court Hearings: Representing you at initial hearings, addressing bond requirements, and handling routine procedural matters.
The engagement agreement may also specify tasks not included—such as complex litigation, tax matters or contested will proceedings—which usually require a separate fee arrangement. Always review the scope section of your retainer carefully. If an anticipated task is not listed, ask the attorney to amend the agreement or clarify fees before proceeding.
Helpful Hints
- Read the “Scope of Representation” section line by line to know which tasks are in or out.
- Ask the attorney for an itemized fee schedule covering both covered services and additional work.
- Verify whether court filing fees, publication costs and certified mail charges are included.
- Confirm how the attorney handles unforeseen issues—such as creditor disputes or missing heirs.
- Keep a written record of all communications and revised agreements to avoid surprises.