Detailed Answer
Under Missouri law, an initial probate representation agreement is a written contract between you and a probate attorney that outlines the scope of services and fee structure. Missouri statutes in Chapter 473 govern the duties of personal representatives, but they do not mandate a specific format for your agreement. However, Missouri Supreme Court Rule 4-1.5 requires attorneys to communicate the scope of representation and fee arrangements in writing when entering non-routine matters.
Key Tasks Typically Included
- Filing the probate petition and opening the estate (see RSMo § 473.510)
- Securing Letters Testamentary or Letters of Administration
- Notifying heirs and creditors (see RSMo § 473.773)
- Collecting and safeguarding estate assets
- Preparing the inventory and appraisement (see RSMo § 473.480)
- Paying valid debts and taxes
- Preparing and filing accountings
- Distributing remaining assets to beneficiaries
- Closing the estate with the court (see RSMo § 473.320)
Common Exclusions
- Contested matters, such as will contests or creditor disputes
- Preparation of federal or state estate tax returns
- Representation in litigation unrelated to basic probate administration
- Guardianship or trust administration
How to Review and Confirm Scope
- Ask for a detailed list of tasks in your engagement letter
- Confirm billing method: hourly rate, flat fee, or hybrid
- Check for clauses addressing additional services or litigation
- Ensure termination rights and refund policies are clear
- Review estimate of total fees and expenses
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Helpful Hints
- Obtain a written engagement letter before any work begins.
- Keep copies of all signed agreements and fee schedules.
- Ask your attorney to explain any unfamiliar terms in plain language.
- Monitor billing statements and request itemized invoices.
- Discuss alternative fee arrangements if cost is a concern.