How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement? (WI)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a licensed Wisconsin attorney for guidance on your probate matter.

Detailed Answer

When you hire an attorney to handle probate in Wisconsin, you will typically sign an initial representation agreement (also called an engagement letter). This agreement sets the scope of the lawyer’s work and defines which tasks the attorney will perform under the agreed fee structure. Understanding which tasks are covered can help you avoid unexpected bills and ensure a smooth probate process.

1. Review the Engagement Letter

The engagement letter should list the services included in the flat fee or hourly rate. Under Wis. Stat. § 757.20 and the Wisconsin Supreme Court Rules (see SCR 20:1.5), attorneys must provide a clear fee agreement in writing. Commonly covered tasks include:

  • Preparing and filing the initial petition for probate with the county court.
  • Notifying heirs, beneficiaries, and known creditors as required by statute.
  • Collecting, valuing, and inventorying estate assets.
  • Handling routine creditor claims and objections.
  • Preparing and filing periodic accountings and reports to the court.
  • Distributing property to heirs once the court approves the final accounting.

2. Identify Excluded Services

Your agreement may expressly exclude certain services or charge extra fees for them. Typical exclusions include:

  • Contested litigation (e.g., will contests, creditor disputes).
  • Tax preparation or audits beyond filing basic estate tax returns.
  • Trust administration or guardianship proceedings.
  • Post-distribution disputes or appeals.

3. Amendments and Additional Work

If you need services outside the initial scope, request a written amendment. Wisconsin Supreme Court Rule SCR 20:1.2 lets attorneys modify the scope of representation with client consent. This ensures you understand any additional costs before work begins.

Helpful Hints

  • Ask for a sample engagement letter before you sign. Review each task listed.
  • Clarify whether the fee is flat or hourly, and ask for an estimate of total costs.
  • Confirm which administrative expenses (filing fees, courier charges) are included.
  • Request regular billing updates or time summaries if you pay hourly.
  • If a new issue arises, discuss whether it falls inside or outside the original scope.
  • Keep a copy of all correspondence and signed agreements for your records.

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.