How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed Ohio attorney for guidance specific to your situation.
Detailed Answer
1. Review the Scope of Representation Clause
Your initial probate representation agreement—often called a retainer agreement—should include a clear “Scope of Representation” section. This clause outlines the tasks your attorney will perform, such as:
- Filing the application for probate under Ohio Revised Code §2113.02 (ORC 2113.02).
- Preparing and filing the estate inventory required by ORC §2113.31 (ORC 2113.31).
- Notifying creditors and publishing notice as required by ORC §2117.06 (ORC 2117.06).
- Handling basic trustee or executor duties, such as asset collection and distribution.
2. Identify Excluded Services
Most initial agreements explicitly note services that fall outside the flat fee or basic hourly arrangement. Common exclusions include:
- Contested probate hearings or will contests.
- Complex tax filings beyond a simple federal Form 706 or Ohio estate tax returns.
- Litigation such as creditor disputes.
3. Check Fee Structure and Billing Terms
Ohio Rule of Professional Conduct 1.5 governs attorney fees. Your agreement should state whether you pay:
- A flat fee covering specific tasks.
- An hourly rate for all services (e.g., $200/hour).
- Additional costs such as court filing fees or postage.
4. Ask for Clarification
If any task is unclear—like handling creditor claims under ORC §2117.05—you can request a written amendment. Ohio Rule of Professional Conduct 1.2(c) allows modification of scope by written agreement.
5. Document Supplemental Agreements
When you agree to extra services, such as real estate transfers or contested matters, confirm them in writing. Attach an addendum specifying new tasks, fees, and deadlines.
Helpful Hints
- Obtain a copy of your signed retainer agreement for your records.
- Highlight the “Scope” and “Exclusions” sections before signing.
- Keep track of time spent by your attorney if you pay hourly.
- Request status updates in writing to confirm which tasks are underway.
- Ask about additional costs for court filing fees, certified copies, and publication notices.