Detailed Answer
When you hire an attorney to handle probate in Oregon, you sign an initial probate representation agreement. This contract outlines the legal services your attorney will perform in the early stages of probate, as well as tasks that may trigger additional fees or require a new agreement. Under the Oregon Rules of Professional Conduct (RPC) 1.5(a), attorneys must clearly describe the scope of representation and the fee structure. You should carefully review your agreement to see exactly which probate tasks it covers.
Typical tasks covered under an initial probate representation agreement include:
- Preparation and filing of the petition for probate with the circuit court (see ORS 116.085)
- Requesting and obtaining letters of personal representative from the court
- Drafting and serving required notices on heirs, beneficiaries, and creditors (see ORS 115.003)
- Collecting and securing estate assets
- Maintaining estate property during administration (see ORS 116.061)
- Regular communication with the personal representative and interested persons
- Preparation of simple inventories and accountings
- Closing the estate through a final accounting and proposed distribution
Your agreement may exclude or separate out complex tasks such as contesting a will, handling litigation over creditor claims, preparing tax returns, settling business interests, or administering trusts. In such cases, an attorney will typically require a supplemental agreement or charge hourly or flat fees beyond the initial scope.
Always compare the written fee agreement to the Oregon probate statutes and professional rules to confirm which services your attorney will provide at the agreed rate. If the document is unclear, ask your attorney to amend the agreement or provide a written explanation of the scope.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Ask for a written description of all services covered in your initial agreement.
- Confirm in writing how the attorney will handle unexpected tasks or disputes.
- Compare your fee agreement to the tasks listed in ORS 116.085, ORS 115.003, and ORS 116.061.
- Request an estimated fee schedule for common probate tasks not covered initially.
- Keep thorough records of communications and billing statements.
- Review Oregon RPC 1.5(a) on fee arrangements to understand your rights (PDF).