Detailed Answer
Understanding the Engagement Scope
An initial probate representation agreement is a contract between you and your attorney that defines which probate tasks the attorney will perform. Under South Dakota law, lawyers must communicate the scope of representation clearly. The South Dakota Rules of Professional Conduct require fee agreements to specify the services included and any tasks that may incur additional fees. Always review your engagement letter carefully.
Basic Probate Tasks
Most initial probate agreements cover essential court filings and administrative duties, including:
- Preparing and filing the petition for probate with the court (see SDCL § 29A-3-301).
- Notifying heirs, beneficiaries, and creditors (SDCL § 29A-3-303).
- Obtaining letters testamentary or letters of administration once the court admits the will or appoints an administrator.
- Compiling and filing the estate inventory and appraisal (SDCL § 29A-9-202).
- Basic creditor claim review and distribution of permissible payments.
Additional or Optional Services
Initial agreements often exclude complex or contested matters. These may include:
- Will contests or beneficiary disputes.
- Litigation over creditor claims or family allowances.
- Federal or state estate tax preparation beyond basic filings.
- Ancillary probate for property in other states or foreign jurisdictions.
- Guardianship or conservatorship proceedings.
If you need any of these services, confirm whether your attorney includes them in the fee agreement or charges an additional hourly or flat rate.
Confirming Your Agreement
To determine exactly which tasks are covered, follow these steps:
- Read your engagement letter or retainer agreement thoroughly.
- Look for a section titled “Scope of Work” or “Services Included.”
- Note any excluded tasks or disclaimers stating additional fees apply.
- Ask your attorney to clarify ambiguous language in writing.
- Keep copies of all communications and drafts of your agreement.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Helpful Hints
- Always get your fee agreement in writing before probate work begins.
- Request a written estimate for additional or out-of-scope services.
- Compare engagement letters from multiple attorneys to understand standard scopes.
- Use the South Dakota courts’ website to track probate filings and deadlines.
- Maintain a checklist of probate tasks to ensure nothing is overlooked.