Initial Probate Representation Agreement: Scope of Work in New Mexico

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney before making decisions.

Detailed Answer

When you hire an attorney to handle probate in New Mexico, the initial probate representation agreement (often called a retainer agreement) outlines the services the lawyer will perform and the tasks you must handle. Under New Mexico law, a clear scope of work protects both you and your attorney by setting expectations from the outset.

1. Understanding the Scope

New Mexico law does not prescribe a fixed list of tasks for every probate engagement. Instead, attorneys follow the New Mexico Probate Code (NMSA 1978 Chapter 45, Article 3) and the Rules of Professional Conduct (NMRA 16-102) to define scope. A typical agreement will identify tasks the attorney will handle and those that require an amended or separate agreement.

2. Commonly Included Tasks

• Initial Case Assessment: Reviewing the will or determining intestacy.
  (See NMSA 1978 §45-3-202.)
• Petition Preparation and Filing: Drafting and submitting the petition to appoint a personal representative.
  (NMSA 1978 §45-3-301.)
• Notice and Publication: Preparing notices to heirs, creditors, and publishing required legal notices.
  (NMSA 1978 §45-3-509.)
• Inventory and Appraisement: Compiling and filing schedules of estate assets.
  (NMSA 1978 §45-3-613.)
• Creditor Claims: Reviewing, evaluating, and responding to creditor claims according to statutory deadlines.
  (NMSA 1978 §45-3-602.)
• Interim Distributions and Bond: Assisting in bond procurement and distributions of small or uncontested assets.
• Final Accounting and Closing: Preparing a closing statement, petitioning the court for discharge, and distributing remaining assets.
  (NMSA 1978 §45-3-623.)

3. Commonly Excluded or Additional Tasks

• Complex litigation such as will contests or creditor disputes.
• Estate tax planning or IRS federal estate tax filings.
• Ancillary or multi-state probate matters.
• Trust administration and guardianship proceedings.
• Mediation, arbitration, or court-ordered settlement conferences.

4. Customizing the Engagement

Every estate has unique challenges. You can ask your attorney to modify the retainer to include or exclude specific tasks, such as:

• Handling real estate sales or transfers.
• Litigation budget caps or alternative fee arrangements.
• Coordination with financial advisors or tax professionals.

5. Reviewing and Confirming Scope

Before signing, carefully review the agreement to ensure it:

• Lists all tasks the attorney will perform.
• Specifies tasks that trigger additional fees.
• Includes fee structure (hourly rates, flat fees, retainer deposit).
• Outlines who handles specific responsibilities, such as providing documents or paying court costs.

Helpful Hints

• Request a written retainer agreement that clearly defines the scope of work and fees.
• Keep a checklist of tasks you expect to be performed.
• Ask for updates when the case moves from one stage to another.
• Discuss potential additional services (e.g., contested hearings) and fee estimates up front.
• Retain copies of all filings, notices, and communications for your records.

By clarifying which tasks are included under your initial probate representation agreement, you can avoid surprises and ensure your probate moves forward efficiently under New Mexico law.