How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Utah

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under Utah law, attorneys must set the scope of probate work in a written engagement or retainer agreement. See Utah Rules of Professional Conduct Rule 1.2 (Objectives and Scope of Representation) and Rule 1.5 (Fees). You can review these rules at Utah Rules of Professional Conduct.

When you sign an initial probate representation agreement, it should clearly outline which probate tasks the attorney will handle. Common tasks covered in an initial probate retainer include:

If your retainer agreement does not list specific tasks, Utah RPC 1.2 implies that the attorney will provide “reasonably necessary” services to carry out the representation. However, contested matters—such as will contests or claims disputes—often fall outside the initial scope. Attorneys should outline additional fees and a separate agreement for litigation services.

To confirm which tasks are covered:

  1. Review the Engagement Letter: Look for a section titled “Scope of Services” or similar.
  2. Ask for Written Clarification: Request an addendum if you believe key tasks are missing.
  3. Reference Applicable Rules: Use Utah RPC 1.2 and 1.5 to understand your rights regarding scope and fees.
  4. Consider a Flat Fee vs. Hourly: A flat-fee agreement may specify defined tasks, reducing surprises.

This information is for educational purposes only and does not constitute legal advice. For advice about your specific situation, consult a qualified attorney.

Helpful Hints

  • Keep a copy of every signed agreement and any amendments.
  • Note deadlines for filing petitions or creditor notices in a calendar.
  • Track billable hours or flat fees to avoid unexpected costs.
  • Request regular status updates from your attorney.
  • Consider alternative fee arrangements for complex or contested estates.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.