Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
In Pennsylvania, an initial probate representation agreement (often called a retainer agreement) defines which probate tasks your attorney will handle and which services may incur additional fees. To determine what’s covered:
1. Review the Written Fee Agreement
Pennsylvania Rule of Professional Conduct 1.5 requires that any fee over $1,000 be in writing. Your agreement should include:
- Scope of Work: A clear list of tasks—such as filing the will, obtaining letters of administration, preparing an inventory, and distributing assets.
- Fee Structure: Whether you pay a flat fee for covered tasks or an hourly rate.
- Excluded Services: Tasks not included under the flat fee (e.g., contested will hearings, tax return preparation, complex asset sales).
Link: Pa.R.P.C. 1.5 (Fees)
2. Identify Common Probate Tasks in Pennsylvania
Typical tasks covered by an initial probate agreement include:
- Will Filing and Petition: Submitting the decedent’s will and petitioning the Orphans’ Court for appointment of a personal representative (20 Pa.C.S. §3102).
- Letters of Administration: Securing legal authority to act on the estate’s behalf.
- Estate Inventory and Appraisal: Identifying and valuing estate assets.
- Notice to Creditors: Publishing notices and resolving creditor claims.
- Accountings and Filings: Preparing estate accountings for court approval (20 Pa.C.S. §3323).
- Asset Distribution: Transferring assets to beneficiaries under the will or law.
3. Ask Clarifying Questions
Before signing, confirm whether your agreement covers:
- Contested matters (e.g., will contests or creditor disputes)
- Tax filings for the decedent and the estate
- Real estate transactions (sales, title transfers)
- Post-distribution issues (closing the estate, releasing liens)
4. Compare with Fee Schedules
Some firms publish flat-fee schedules for uncontested probate. Compare multiple attorneys’ scopes and rates to ensure you get a transparent, reasonable agreement.
Helpful Hints
- Request a written scope of work that lists each task.
- Get an itemized fee breakdown and understand what triggers additional charges.
- Confirm whether disbursements (court filing fees, publication fees) are included.
- Double-check if tax services are bundled or billed separately.
- Keep a copy of all communications and signed agreements.
- Ask about updates: Some attorneys offer periodic status reports at no extra charge.