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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.

1. Detailed Answer

Under Nebraska law, an initial probate representation agreement (also called an engagement letter) outlines the scope of services your attorney will perform to open and administer an estate. Nebraska’s Probate Code provides a framework but does not mandate a uniform checklist for every case. To determine which tasks fall under the initial agreement, follow these steps:

1. Review the engagement letter: Attorneys typically specify covered services and fees in writing. Look for a section titled “Scope of Representation” or “Services Included.”
2. Compare against statutory duties: Under the Nebraska Probate Code, a personal representative must perform certain duties, such as filing petitions to appoint a personal representative, preparing and publishing notices to creditors, inventorying estate assets, and distributing property according to the will or law (see Neb. Rev. Stat. §30-2412 §30-2412).
3. Identify routine tasks typically covered:
   • Initial consultation and estate evaluation.
   • Drafting and filing the petition for probate.
   • Preparing notices to heirs and creditors.
   • Collecting and safeguarding estate assets.
   • Drafting the inventory and preliminary accounting.
4. Note expressly excluded services: Many agreements carve out services billed separately, such as contested hearings, formal litigation, extensive tax planning, asset tracing disputes, or work on ancillary probate in other states.
5. Check fee structure and expenses: Confirm whether the agreement uses an hourly rate, flat fee, or statutory percentage. Nebraska law allows attorneys to seek compensation approved by the court under Neb. Rev. Stat. §30-2482 §30-2482.
6. Ask clarifying questions: If any task seems ambiguous, request a written amendment or addendum to the engagement letter.
7. Confirm court approval steps: In Nebraska, the court must approve attorney fees at the close of probate (Neb. Rev. Stat. §30-3237). Ensure the agreement reserves your right to seek approval for services rendered.

Hypothetical Example

Jane Doe hires Attorney Smith under an initial probate agreement. The letter states Smith will file Jane’s petition, publish creditor notices, inventory two bank accounts and one parcel of real estate, and prepare a final distribution plan. The agreement excludes contested will contests and federal estate tax filings. Jane confirms these exclusions in writing before signing.

2. Helpful Hints

• Obtain the engagement letter in writing before any work begins.
• List all tasks you expect the attorney to handle.
• Review Nebraska statutes to understand mandatory duties (see Neb. Rev. Stat. §30-2412).
• Clarify billing methods: hourly vs. flat fee vs. statutory fee.
• Save copies of all court filings and receipts for expenses.
• Ask for periodic status updates and itemized billing statements.

By carefully reviewing and discussing your initial probate representation agreement, you can ensure that both you and your attorney share clear expectations and avoid unexpected fees or delays in administering the estate.