Disclaimer: This is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you hire an attorney for probate in West Virginia, you’ll sign an initial probate representation agreement (also called an engagement letter). This document defines the tasks your lawyer will handle under the agreed fee structure and outlines any services that may incur additional fees. To determine which tasks your attorney covers under this initial agreement, follow these steps:
1. Review the Engagement Agreement
The agreement should list included services, such as:
- Client interview and case analysis
- Review of the decedent’s will and asset list
- Preparation and filing of the original probate petition with the clerk of the county commission (WV Code §44-1-3)
- Service of notice to heirs and qualified persons (WV Code §44-1-8)
- Notice to creditors (WV Code §44-1-10)
- Inventory and appraisal coordination (WV Code §44-1-13)
- Preparation of final account and distribution schedule (WV Code §44-1-16)
2. Cross-Check West Virginia Rules of Professional Conduct
West Virginia Rules of Professional Conduct Rule 1.2 (Scope of Representation) lets lawyers and clients define the scope of representation. If tasks fall outside that scope, the lawyer must obtain new authorization. See WV Supreme Court Rules, Rule 4.1.
3. Identify Additional Services and Fees
Common services often excluded from flat-fee or initial packages include:
- Contested will hearings
- Claims litigation or creditor disputes
- Sale of real property (requires court approval)
- Estate and fiduciary tax return preparation
- Bond procurement if the court requires a bond
If you expect these services, confirm costs and billing rates in writing.
4. Ask Clarifying Questions
If any task falls into a gray area, ask your attorney to clarify in writing whether it’s included. Clear communication prevents surprises and extra invoices.
Helpful Hints
- Keep your engagement agreement in a safe place and review it before signing.
- List all tasks you expect your attorney to handle.
- Refer to WV Code Title 44, Chapter 1 for statutory probate requirements.
- Ask for written confirmation of any fee changes.
- Monitor deadlines for notices and filings to avoid penalties.
- Maintain copies of all filings and correspondence.
Disclaimer: This article is for general informational purposes only. It does not constitute legal advice. Consult a qualified probate attorney in West Virginia about your specific situation.