Disclaimer: This blog is for informational purposes only and does not constitute legal advice.
Understanding Your Initial Probate Representation Agreement
When you retain an attorney for probate matters in Connecticut, you typically sign an initial representation agreement or engagement letter. This document outlines which probate tasks your attorney will handle and which tasks may incur additional fees. Understanding this agreement helps you manage costs and expectations throughout the estate administration process.
1. Review the Engagement Letter
The engagement letter is a contract. It specifies the scope of work—commonly called the “scope of representation.” Look for sections titled “Scope of Services,” “Excluded Services,” or “Additional Fees.” If the document is unclear, ask your attorney to clarify in writing.
2. Identify Statutory Executor/Administrator Duties
Certain tasks fall under the mandatory duties of a personal representative by statute. Connecticut law defines these duties in Conn. Gen. Stat. § 45a-134 and related sections. Typical duties include:
- Filing a petition for probate or administration with the probate court.
- Publishing and mailing notice to creditors as required by Conn. Gen. Stat. § 45a-286.
- Inventorying and appraising estate assets.
- Managing estate funds and paying debts and taxes.
- Preparing and filing final accountings with the court.
3. Understand Fee Structures
Attorneys may charge flat fees, hourly rates, or a combination. Connecticut’s fee guidelines for probate attorneys appear in Conn. Gen. Stat. § 45a-214. Your agreement should state:
- Hourly rates for each attorney or staff member.
- Flat fees for routine tasks like filing documents.
- How disbursements (court fees, mailing costs) are billed.
4. Clarify Excluded or Additional Services
Common exclusions include:
- Contested proceedings or will contests.
- Complex tax planning or IRS negotiations.
- Litigation against creditors or beneficiaries.
- Post-distribution accountings and disputes.
Your engagement letter should list these exclusions. If not, ask for an amendment to avoid surprise fees.
5. Communicate and Document Changes
If new tasks arise, request a written amendment to your agreement. This ensures you and your attorney agree on the updated scope and fees.
Helpful Hints
- Ask for a clear timeline and milestone fees in writing.
- Request regular billing statements detailing time spent on each task.
- Keep copies of all signed agreements and amendments.
- Check the Connecticut Probate Court’s website for free forms and fee schedules.
- Consider a second opinion if you expect a complex probate administration.