Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified South Carolina attorney for advice about your specific situation.
Detailed Answer
1. Understanding an Initial Probate Representation Agreement
An initial probate representation agreement is a written contract between you and a lawyer describing which probate services the attorney will perform and how you will pay for them. Under South Carolina Probate Code (Title 62) and the South Carolina Rules of Professional Conduct Rule 1.5, fee agreements for probate work must be in writing, state the scope of services, and explain the fee structure.
2. Common Tasks Covered in an Initial Agreement
- Initial consultation to review the will or estate plan.
- Preparing and filing the petition for appointment of a personal representative (SC Code §62-3-202).
- Notifying heirs and beneficiaries of the probate filing.
- Collecting and securing estate assets (bank accounts, real property, personal property).
- Preparing an inventory and appraisal of estate assets.
- Publishing or sending creditor notices as required by SC Code §62-3-702.
- Paying valid debts, taxes, and administrative expenses of the estate.
- Distributing assets to beneficiaries as directed by the will or South Carolina law.
- Closing the estate by filing a final accounting and petition for discharge.
3. Tasks Often Excluded or Billed Separately
- Contested proceedings such as will contests or creditor disputes.
- Tax audits or complex tax planning beyond routine estate tax filings.
- Real estate litigation or boundary disputes.
- Appeals and post-probate litigation.
- Extraordinary accounting or investment management not specified in the initial scope.
4. How to Review and Clarify Your Agreement
- Read the “Scope of Services” section carefully to confirm included tasks.
- Check the fee structure—flat fee, hourly rate, or blended arrangement—and ask if it covers court costs, bond premiums, or expert fees.
- Look for a clause on additional services. Ensure it requires your written approval before extra fees accrue.
- Ask for examples or templates of filings the attorney will prepare.
- Get amendments in writing if you add services later.
Helpful Hints
- Compare at least two attorneys’ engagement letters to understand typical scopes and fees.
- Request a sample billing statement to see how costs are logged and described.
- Clarify whether the attorney will supervise paralegals on routine tasks.
- Ask about anticipated timelines for each major step—petition, inventory, distribution.
- Keep a copy of your agreement and all correspondence for your records.