Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you retain a probate attorney in Colorado, you sign an initial representation agreement (also called an engagement letter). This document defines which tasks your lawyer will perform, at what cost, and which tasks fall outside the scope. Understanding the coverage helps you set expectations and avoid surprises.
1. Review the Scope Clause
Colorado Rules of Professional Conduct 1.2(c) allow lawyers to limit the scope of representation in writing. In your agreement, look for a section titled “Scope of Services,” “Tasks Included,” or “Scope of Representation.” This clause lists the specific probate steps your attorney will handle.
2. Common Probate Tasks Covered
Typical tasks covered under an initial probate agreement in Colorado include:
- Filing the probate petition with the district court and paying the filing fee
- Notifying heirs and beneficiaries as required by law
- Preparing and filing the inventory and appraisal (C.R.S. §15-12-401)
- Publishing or mailing creditor notices
- Managing estate assets, including securing real estate and bank accounts
- Preparing and filing annual or final accountings (C.R.S. §15-12-706)
- Distributing property to beneficiaries and closing the estate
3. Identify Excluded Tasks
An agreement may exclude tasks such as contested hearings, tax filings, or complex asset valuations. These services often require a separate agreement or additional fees. Check sections titled “Additional Services” or “Excluded Services.”
4. Confirm Fee Arrangements
Colorado law requires written fee agreements for probate matters. Your agreement should outline whether you pay an hourly rate, flat fee, or statutory percentage (C.R.S. §15-12-802). It should also describe billing increments, retainer requirements, and fee disputes procedure.
5. Ask for Clarification
If any task is unclear, ask your attorney to amend the agreement. A clear, written scope prevents misunderstandings and ensures both parties agree on the representation.
Helpful Hints
- Compare your agreement to a checklist of standard probate steps.
- Request a redlined version if the scope or fees need changes.
- Keep a copy of all signed documents and email confirmations.
- Consult your attorney promptly if you need services not listed.
- Review Colorado’s probate statutes for general process timelines.