Probate Retainer Agreement

PROBATE RETAINER AGREEMENT

This Probate Retainer Agreement (the Agreement) is made and entered into on by and between Client Name: with mailing address , and Attorney Name: of Firm: .

RECITALS

WHEREAS, Decedent Name: died on ; and

WHEREAS, Client seeks legal representation to initiate and manage probate administration for the estate of the decedent in the Probate Court of ; and

WHEREAS, Attorney is willing to represent Client in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. SCOPE OF ENGAGEMENT

Attorney shall provide legal services necessary to probate the estate of Decedent, which may include: preparing and filing a petition for probate or appointment of personal representative, preparing inventories and accountings, corresponding with creditors, securing and valuing estate assets, liquidating estate assets as necessary, filing required tax returns, defending or pursuing claims on behalf of the estate, and distributing estate property in accordance with law and the terms of any decedent’s will. Services specifically excluded from this engagement unless otherwise agreed in writing: contested trust litigation, adversary proceedings beyond routine creditor disputes, or complex federal tax controversies.

2. ATTORNEY FEES AND RETAINER

Client agrees to retain Attorney on an hourly basis. Attorney’s hourly rates are: Attorney rate: per hour; Paralegal rate: per hour. Attorney may adjust rates upon written notice to Client; such adjustments shall apply only prospectively.

Client shall pay an initial retainer deposit of to be deposited into attorney's trust account. The retainer will be applied against fees and expenses as billed. Client must replenish the retainer upon written request if depletion occurs.

3. BILLING PROCEDURES; STATEMENTS; PAYMENT

Attorney will render itemized statements of fees and costs on a monthly basis, showing services performed, time expended, and expenses incurred. Statements are due upon receipt and shall be paid from the retainer first, then by Client directly. Unpaid balances are subject to interest at the rate of unless prohibited by law.

4. COSTS AND DISBURSEMENTS

Client is responsible for all court filing fees, publication charges, probate referee or appraisal fees, bond premiums, postage, courier and messenger expenses, third-party vendor fees, travel, and other out-of-pocket costs incurred in the administration of the estate. Attorney may request an advance deposit for anticipated costs. Amount of estimated initial costs: .

5. ATTORNEY'S LIEN; CHARGE ON ESTATE

Client grants Attorney a lien on all files and papers in Attorney’s possession. To the extent permitted by law, Client grants Attorney a charging lien or statutory lien against the estate for unpaid fees and costs, and Client authorizes Attorney to assert such lien in court proceedings or in distribution proceedings when appropriate.

6. CLIENT RESPONSIBILITIES

Client shall timely provide all information, documents, and cooperation necessary for Attorney to perform the services described herein, including but not limited to original or certified copies of wills, beneficiary designations, account statements, deeds, and contact information for heirs and known creditors. Client shall notify Attorney of any change in address or contact information.

7. CONFLICTS OF INTEREST; WITHDRAWAL

Attorney has conducted a conflicts check based on information provided by Client. If a material conflict arises that prevents continued representation, Attorney may withdraw in accordance with applicable rules of professional conduct. Client agrees to cooperate in the orderly transition of the matter and to pay fees and costs incurred to the date of withdrawal.

8. CONFIDENTIALITY

Attorney shall maintain the confidentiality of information provided by Client as required by law and the rules of professional conduct, except to the extent disclosure is necessary to carry out the representation or is otherwise required by law or court order.

9. TERMINATION

Either party may terminate this Agreement upon written notice. Client remains responsible for payment of legal services rendered and costs incurred prior to termination. Upon termination, Attorney will take reasonable steps to protect Client’s interests, including surrendering papers and property to which Client is entitled after receiving payment of outstanding fees and costs as permitted by law.

10. FILES; RECORDS; ORIGINAL PAPERS

Client acknowledges that original estate documents may be required by the court. Attorney will retain the client file for a reasonable period and may destroy files in accordance with firm policy unless Client requests transfer or delivery of original documents. Charges may apply for copying or retrieval of files.

11. DISPUTE RESOLUTION

In the event of a dispute arising out of or relating to this Agreement or Attorney’s services, the parties agree first to attempt good faith mediation. If mediation is unsuccessful, disputes shall be resolved by binding arbitration administered in accordance with the rules selected by the parties and governed by the arbitration law of the state identified in Section 13 below, unless otherwise agreed in writing.

12. NO GUARANTEE

Client acknowledges that Attorney has made no guarantees regarding the outcome of probate proceedings or the timing of estate administration. Estimates of fees and timeframes are predictive and not guaranteed.

13. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of . Venue for any court proceedings shall be proper in the county in which the probate matter is filed.

14. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior oral or written agreements. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may be amended only by a written instrument signed by both parties.

15. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by personal delivery, certified mail, or courier. Notice is effective upon receipt.

16. ADDITIONAL TERMS

Client authorizes Attorney to take such actions as are reasonably necessary to protect the estate pending court appointments, including securing property and opening estate accounts. Client authorizes Attorney to sign routine documents on Client’s behalf for the limited purpose of administration of the estate, subject to Client’s direction where practicable.

Decedent’s Estate    Guardianship    Conservatorship    Other:

Client acknowledges receipt of a copy of this Agreement, understands its terms, and authorizes Attorney to proceed in accordance with its terms.

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