Probate Services Engagement Agreement

PROBATE SERVICES ENGAGEMENT AGREEMENT

This Probate Services Engagement Agreement (Agreement) is entered into between Client Name: (Client) and Firm Name: (Firm), collectively the Parties. Firm Address: . Effective Date: .

RECITALS

WHEREAS, Client is the nominated personal representative, executor, administrator or beneficiary with respect to the Estate of Decedent Name: , who died on: (Date of Death);

WHEREAS, Client desires to retain Firm to provide legal services necessary to administer the probate and related estate matters described herein and Firm is willing to provide such services in accordance with the terms and conditions of this Agreement.

WHEREAS, the Parties intend that this Agreement define the scope of representation, the basis for fees and costs, the duties of the Parties, and other terms governing the relationship.

NOW THEREFORE, in consideration of the mutual covenants set forth below, the Parties agree as follows:

1. ENGAGEMENT; SCOPE OF SERVICES

1.1 Engagement. Client retains Firm to provide probate and ancillary legal services for the Estate identified above. Services will include: preparing and filing petitions for probate or administration; preparing notices to creditors and heirs; assembling and valuing Estate assets; preparing inventories and accountings; arranging for payment of Estate debts, taxes and distributions to beneficiaries; and representing Client at hearings as necessary. Firm will not provide tax preparation, forensic accounting or real estate brokerage services unless expressly agreed in writing.

1.2 Limited Services. Services do not include litigation of will contests, complex tax controversies, or extensive contested matters unless specifically requested and agreed in writing. If additional representation is requested or required, the Parties will execute an amendment detailing the additional scope and compensation.

2. CLIENT INFORMATION AND AUTHORITY

2.1 Client Representative. The individual authorized to act on behalf of the Estate and to give instructions to Firm is Named Representative: .

2.2 Client Responsibilities. Client shall promptly provide all documents, account information, titles, and other records requested by Firm, secure and produce contact information for heirs and beneficiaries, and cooperate fully with Firm. Client authorizes Firm to sign and file pleadings, take procedural actions, and communicate with third parties on Client's behalf as reasonably necessary to carry out the services described.

3. FEES; RETAINER; BILLING

3.1 Hourly Rates. Client agrees to pay Firm's hourly rates for time expended by attorneys, paralegals and staff. Current hourly rates are: Attorney: $ per hour; Paralegal: $ per hour. Rates may be adjusted annually upon notice.

3.2 Retainer. Client shall pay an initial retainer in the amount of $ to be held in Firm's trust account and applied against fees and costs. Firm may require replenishment of the retainer upon depletion.

3.3 Billing and Payment. Firm will render itemized statements monthly (or at other agreed intervals) describing services performed, time expended, and costs advanced. Client shall pay all invoices within days of receipt. Unpaid sums shall accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

4. COSTS AND DISBURSEMENTS

4.1 Client shall reimburse Firm for all reasonable out-of-pocket expenses incurred on behalf of the Estate, including filing fees, publication costs, court reporter and transcript charges, certified copies, title searches, courier costs, bond premiums, appraisal and accounting fees, and postage. Firm may seek payment of anticipated costs from the retainer.

4.2 Estimated Costs. Client acknowledges that costs to complete probate administration are variable. An initial estimate of anticipated costs is $, which is only an estimate and not a guaranteed cap.

5. CONFLICTS OF INTEREST

5.1 Firm has conducted a conflicts check based on information provided by Client. To the extent Firm subsequently discovers a conflict of interest that cannot be waived, Firm may be required to withdraw. Firm will provide Client with written notice of any known conflict and will take reasonable steps to avoid prejudice to the Estate.

6. TERMINATION; WITHDRAWAL

6.1 Either Party may terminate this Agreement upon written notice. Firm may withdraw if Client fails to honor payment obligations, refuses to cooperate, or if continued representation would violate ethical rules or law. Termination does not relieve Client of the obligation to pay for services rendered and costs incurred through the date of termination.

7. CONFIDENTIALITY; PRIVILEGE

7.1 Firm will maintain the confidentiality of information obtained from Client to the extent required by applicable law and professional rules. Communications made for the purpose of obtaining legal advice are intended to be privileged. Client acknowledges that certain disclosures may be required by court order or statutory obligation.

8. RECORDS AND FILE RETENTION

8.1 Ownership of File. Firm's files, including internal memoranda and work product, are Firm's property. Client is entitled to receive case files and original client documents upon request and payment of reasonable copying charges.

8.2 Retention. Firm will retain physical and electronic files for a reasonable period consistent with Firm policy and applicable law. After that period, Firm may destroy files without further notice, except where retention is required by law.

9. INDEMNIFICATION

Client agrees to indemnify and hold Firm harmless from claims arising from Client's failure to disclose material facts, from third-party claims not caused by Firm's negligent acts, and from liabilities incurred as a result of Client's actions or omissions, except to the extent such claims arise from Firm's gross negligence or willful misconduct.

10. GOVERNING LAW; DISPUTE RESOLUTION

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state where the principal office of Firm is located, without regard to conflict of law principles.

10.2 Dispute Resolution. The Parties agree that any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration unless the Parties mutually agree in writing to litigate. The arbitrator shall have authority to award reasonable attorneys' fees and costs to the prevailing party where permitted by law.

11. ENTIRE AGREEMENT; AMENDMENT; SEVERABILITY; WAIVER

11.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties concerning the subject matter and supersedes all prior agreements and understandings, whether written or oral.

11.2 Amendment. This Agreement may be amended only by a written instrument signed by both Parties.

11.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.4 Waiver. Failure or delay by either Party to enforce any provision of this Agreement shall not constitute a waiver of that provision or of the right to enforce it later.

12. NOTICES

Notices shall be in writing and shall be deemed given when delivered personally, sent by certified mail, return receipt requested, or delivered by overnight courier to the addresses set forth above or to such other addresses as either Party shall designate in writing.

13. MISCELLANEOUS

13.1 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

13.2 Electronic Signatures. The Parties agree that electronic signatures shall be effective to bind the Parties to this Agreement to the same extent as original signatures.

ADDITIONAL INSTRUCTIONS / SPECIAL PROVISIONS

Sign Now