Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Understanding the Scope of an Initial Probate Representation Agreement

In Washington, a probate representation agreement sets forth the duties an attorney will perform when you begin the estate administration process. The agreement should clearly define what “initial representation” covers and what tasks require a separate or expanded engagement. Under the Rules of Professional Conduct (RPC 1.5), attorneys must outline their scope of work, fee arrangements, and the circumstances that trigger additional fees or expanded services.

Common Tasks Included in Initial Probate Representation

While every attorney’s retainer agreement can differ, most initial probate packages in Washington include these core services:

• Case Evaluation and Strategy: Reviewing the client’s documents, identifying heirs and beneficiaries, and advising on whether to open probate.
• Petition Preparation and Filing: Drafting and filing the Petition for Probate of Will or Letters of Administration with the Superior Court. See RCW 11.28.210–230 for filing requirements (RCW 11.28.210; RCW 11.28.230).
• Notice to Interested Parties and Creditors: Preparing and mailing statutory notices to heirs, beneficiaries, and creditors as required by RCW 11.40.020 (RCW 11.40.020).
• Inventory and Appraisal Coordination: Gathering asset information, completing the Inventory and Appraisal form, and filing it with the court under RCW 11.40.070 (RCW 11.40.070).
• Basic Creditor Claims Handling: Receiving, reviewing, and responding to creditor claims during the 4-month claim period.
• Initial Client Reports and Accounting: Providing your first status report to heirs and beneficiaries and establishing a case ledger.

Tasks Often Excluded or Requiring Separate Agreements

Complex or time-intensive tasks usually fall outside the core scope. You may need an expanded retainer for:

• Litigation or contested probate matters.
• Tax filings and complex estate tax planning.
• Real property conveyances and title clearing.
• Ongoing trust administration.
• Extensive asset recovery or forensic accounting.

Reviewing and Negotiating Your Retainer Agreement

Follow these steps to confirm what your initial agreement covers:

1. Read the Scope Section: Identify bullet points or paragraphs that list included services.
2. Ask for Clarification: Request written confirmation of whether specific tasks (e.g., selling real estate, handling disputes) are covered.
3. Discuss Fee Structure: Determine if the fee is flat, hourly, or blended and whether additional services carry a separate rate.
4. Obtain a Written Amendment: If you expand the scope mid-case, document changes in writing and update your fee agreement.
5. Confirm Billing Milestones: Align task completion with payment triggers (e.g., filing petition, closing estate).

Helpful Hints

• Request a scope checklist when you sign your retainer.
• Verify that statutory notices and filings match RCW requirements.
• Keep a copy of every filing and correspondence for your records.
• Clarify whether court fees and third-party costs are included in the retainer.
• Talk to your attorney before authorizing tasks outside the agreed-upon scope.

If you have questions about your probate agreement or need help understanding specific tasks, consult a probate attorney licensed in Washington.