Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.
Detailed Answer
When you engage an attorney for initial probate representation in North Dakota, the retainer agreement should clearly list the tasks the attorney will perform. Under the North Dakota Uniform Probate Code (NDCC Title 30.1), an initial probate agreement typically covers the following core services:
- Filing the Probate Petition: Preparing and filing the petition to admit a will to probate or to open intestate probate. See NDCC § 30.1-14-02 (NDCC § 30.1-14-02).
- Obtaining Letters Testamentary or Letters of Administration: Securing the court’s formal appointment of the personal representative.
- Notifying Heirs, Beneficiaries, and Creditors: Identifying and sending written notice to known heirs and beneficiaries, and publishing notice to unknown creditors. See NDCC § 30.1-23-01 (NDCC § 30.1-23-01).
- Inventory and Appraisal of Estate Assets: Compiling a schedule of estate assets, obtaining appraisals when needed, and filing the inventory with the court. See NDCC § 30.1-29-02 (NDCC § 30.1-29-02).
- Payment of Debts and Taxes: Analyzing creditor claims, resolving or objecting to claims, and coordinating payment of estate debts, funeral expenses, and federal or state taxes.
- Estate Accounting: Preparing periodic accountings to the court and beneficiaries, detailing receipts, disbursements, and distributions. See NDCC § 30.1-27-01 (NDCC § 30.1-27-01).
- Asset Distribution: Distributing property to beneficiaries in accordance with the will or state law (intestate succession).
Some retainer agreements may also include extra services, such as negotiating with creditors, handling real estate transactions, or litigating will contests. Always review the agreement’s “Scope of Services” section to confirm which tasks are included and which might trigger additional fees.
Helpful Hints
- Ask the attorney to define ‘‘standard services’’ versus ‘‘additional services.’’
- Verify whether the fee structure is flat, hourly, or hybrid and how expenses (e.g., filing fees, postage, appraisal costs) are billed.
- Ensure the agreement includes clear timelines for major milestones, such as filing the petition or completing the inventory.
- Request a sample initial invoice or fee estimate to anticipate your total cost.
- Confirm how and when you will receive updates on the probate process.
- Understand your rights: you can review all court filings and contest unexpected bills.
- Keep copies of all communications and retainer documents for your records.