Detailed Answer
When you hire an attorney for an initial probate representation agreement in Wyoming, the engagement letter or agreement defines exactly which probate tasks your attorney will handle. By reviewing the agreement’s scope, you can avoid unexpected costs and ensure a smooth probate process.
1. Review the Engagement Agreement
Start by reading the written agreement. Most agreements list specific services, such as:
- Filing the probate petition with the district court
- Preparing and issuing letters testamentary or letters of administration
- Notifying heirs, beneficiaries, and creditors
- Creating an inventory and appraisal of the estate assets
2. Commonly Included Tasks
In Wyoming, initial probate scope often covers the first major steps under Wyo. Stat. Ann. Title 2, Chapter 1:
- Drafting and filing the probate petition (Wyo. Stat. Ann. § 2-1-201)
- Drafting and filing notices to heirs and creditors (Wyo. Stat. Ann. § 2-1-301)
- Assembling and filing the estate inventory and appraisement (Wyo. Stat. Ann. § 2-1-401)
3. Tasks Often Excluded or Billed Separately
Some tasks typically fall outside an initial agreement. They may incur additional fees:
- Complex litigation (contested wills or creditor disputes)
- Tax-return preparation and IRS negotiations
- Real estate closings or foreclosure defense
- Ongoing estate administration beyond initial filings
4. Confirm Scope and Fee Structure
Before signing, ask your attorney to:
- Highlight which tasks are covered
- Identify services that trigger extra hourly or flat fees
- Explain anticipated timelines and court costs
Helpful Hints
- Request a written scope summary if the agreement is lengthy.
- Compare multiple engagement letters to understand market norms.
- Clarify whether ancillary tasks—like real estate closings—are in or out of scope.
- Keep copies of all filings and notices for your records.
- Ask for periodic status updates to catch scope changes early.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.