Detailed Answer
Under Virginia law, determining which tasks fall under an initial probate representation agreement hinges on the written fee agreement and the attorney’s disclosed scope of work. Virginia attorneys must communicate the scope of representation clearly in writing in accordance with ethical and statutory requirements.
Statutory and Ethical Requirements
Virginia Code § 54.1-3914 authorizes the Supreme Court of Virginia to adopt rules regulating attorney conduct. Under Rule 1.5(b) of the Virginia Rules of Professional Conduct, a lawyer must communicate the scope of representation and the basis for fees in a writing signed by the client. This agreement defines which probate tasks an attorney will handle within the initial retainer.
Common Probate Tasks Often Covered
- Filing the petition for probate with the Circuit Court – see Va. Code § 64.2-300 et seq.
- Locating and safeguarding the original will.
- Obtaining letters testamentary or letters of administration.
- Preparing and filing an inventory and appraisal of estate assets – see Va. Code § 64.2-508
- Notifying heirs, beneficiaries, and creditors – see Va. Code § 64.2-507
- Collecting and safeguarding estate assets.
- Preparing and filing fiduciary income tax returns.
- Distributing assets according to the will or Virginia’s intestacy statutes.
- Preparing a final accounting and petition to close the estate.
Interpreting Your Retainer Agreement
Carefully review your written fee agreement to identify which tasks the attorney agreed to perform under the initial retainer and which tasks may trigger additional fees. Look for language such as “full administration,” “limited scope,” or “supplemental services.” If a task is not explicitly included, ask your attorney to clarify or amend the agreement.
Discuss any uncertainties before signing. Confirm deadlines, deliverables, billing rates, and when you will receive itemized statements. Keep a copy of your agreement and all communications for reference.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. For advice regarding your specific situation, consult a qualified probate attorney licensed in Virginia.
Helpful Hints
- Request a task-by-task breakdown in writing before engagement.
- Ask whether the initial retainer covers all court fees and filing costs.
- Understand billing rates for work beyond the initial scope.
- Keep a timeline of key probate milestones and deadlines.
- Obtain regular status updates and itemized invoices.
- Review Virginia’s probate statutes yourself at law.lis.virginia.gov/vacode/title64.2.