Detailed Answer
Under Utah law, attorneys must set the scope of probate work in a written engagement or retainer agreement. See Utah Rules of Professional Conduct Rule 1.2 (Objectives and Scope of Representation) and Rule 1.5 (Fees). You can review these rules at Utah Rules of Professional Conduct.
When you sign an initial probate representation agreement, it should clearly outline which probate tasks the attorney will handle. Common tasks covered in an initial probate retainer include:
- Case Opening and Petition Preparation: Filing the petition for probate with the district court as required by Utah Code § 75-3-301 (le.utah.gov/xcode/Title75/Chapter3/75-3-S301.html).
- Notice to Heirs and Beneficiaries: Preparing and sending notices to heirs and beneficiaries under Utah Code § 75-3-111 (le.utah.gov/xcode/Title75/Chapter3/75-3-S111.html).
- Asset Inventory and Appraisal: Identifying, locating, and valuing estate assets as required by Utah Code § 75-3-703 (le.utah.gov/xcode/Title75/Chapter3/75-3-S703.html).
- Creditor Notification: Publishing notice to creditors under Utah Code § 75-3-801 (le.utah.gov/xcode/Title75/Chapter3/75-3-S801.html).
- Fiduciary Tax Filings: Preparing and filing necessary federal and state estate tax returns.
- Estate Administration: Collecting assets, paying bills, and managing ongoing estate obligations.
- Distribution of Assets: Preparing final accountings and distributing property to beneficiaries.
If your retainer agreement does not list specific tasks, Utah RPC 1.2 implies that the attorney will provide “reasonably necessary” services to carry out the representation. However, contested matters—such as will contests or claims disputes—often fall outside the initial scope. Attorneys should outline additional fees and a separate agreement for litigation services.
To confirm which tasks are covered:
- Review the Engagement Letter: Look for a section titled “Scope of Services” or similar.
- Ask for Written Clarification: Request an addendum if you believe key tasks are missing.
- Reference Applicable Rules: Use Utah RPC 1.2 and 1.5 to understand your rights regarding scope and fees.
- Consider a Flat Fee vs. Hourly: A flat-fee agreement may specify defined tasks, reducing surprises.
This information is for educational purposes only and does not constitute legal advice. For advice about your specific situation, consult a qualified attorney.
Helpful Hints
- Keep a copy of every signed agreement and any amendments.
- Note deadlines for filing petitions or creditor notices in a calendar.
- Track billable hours or flat fees to avoid unexpected costs.
- Request regular status updates from your attorney.
- Consider alternative fee arrangements for complex or contested estates.