Detailed Answer
Under Tennessee law, an initial probate representation agreement (also called an engagement letter) outlines the specific tasks your attorney will perform when opening an estate. It’s crucial to understand what falls inside and outside that scope to avoid surprises in fees or delays in administration. Below are the common services included and how to verify them against your agreement.
1. Initial Case Evaluation and Engagement
Your attorney typically conducts a conflict check, reviews the decedent’s will or trust documents, and discusses key facts. This stage sets the foundation and confirms the scope of work.
2. Preparing and Filing the Probate Petition
Most agreements cover drafting and filing the petition for probate with the proper county probate court. Under Tenn. Code Ann. § 30-1-201, you must file a petition to open administration. See Tenn. Code Ann. § 30-1-201 for petition requirements.
3. Serving Notice to Heirs and Creditors
After filing, Tennessee law requires notifying beneficiaries and publishing notice to creditors. Your attorney will prepare and send these notices. See Tenn. Code Ann. § 30-2-101 for creditor notice rules.
4. Inventory and Appraisement of Estate Assets
Most initial agreements include preparing a detailed inventory of all estate property. Under Tenn. Code Ann. § 30-2-301, you must file an inventory within the statutory deadline.
5. Reviewing and Handling Claims
Your attorney typically reviews creditor claims, negotiates allowed claims, and objects to improper ones. Services often stop short of litigation unless you broaden the engagement or enter a separate agreement for contested matters.
6. Final Accounting and Distribution
After settling debts and taxes, the attorney prepares the final accounting, petitions the court for approval, and distributes assets to heirs or beneficiaries.
What May Not Be Included
- Complex litigation or contested will disputes
- Federal or state estate and gift tax planning beyond basic filings
- Trust administration or guardianship proceedings (unless explicitly added)
- Post-distribution disputes or appeals
Reviewing Your Agreement
Check the “Scope of Representation” section. It should list all included tasks and any flat or hourly fees associated. If you see services you need but aren’t listed, request a written amendment. Attorneys must comply with the Tennessee Rules of Professional Conduct on fee agreements. See Tenn. Sup. Ct. R. 8, RPC 1.5: Fee Agreements.
Helpful Hints
- Ask for a written list of excluded tasks and services.
- Clarify billing rates for additional work beyond the initial scope.
- Confirm who handles tax filings—sometimes a separate tax professional is needed.
- Get any verbal promises or estimates in writing to avoid misunderstandings.
- Review court deadlines in Tenn. Code Ann. §§ 30-1-201 and 30-2-301 to stay on schedule.