Probate Q&A Series

Detailed Answer: Verifying the Scope of Your Probate Attorney’s Retainer

When you hire a probate attorney in North Carolina, you usually sign a retainer agreement or engagement letter. This document defines what services the attorney will perform and how you’ll pay for them. To determine whether your retainer covers full probate administration or only limited representation, follow these steps:

  1. Review the Scope of Services Section.

    Your agreement should list the tasks your lawyer will handle. A full administration retainer typically includes:

    • Preparing and filing the petition to open probate
    • Notifying heirs, beneficiaries, and creditors
    • Managing the estate’s assets and paying valid claims
    • Filing accountings and tax returns
    • Distributing assets to beneficiaries
    • Closing the estate

    If the agreement only mentions one or two tasks—such as drafting the petition or compiling an inventory—you likely have limited representation.

  2. Check Fee Structure and Billing Terms.

    Under North Carolina Rules of Professional Conduct Rule 1.5(b) and Rule 1.2(c), lawyers must explain the basis of their fees and obtain your informed consent for any scope limitation. Look for answers to these questions:

    • Is your fee a flat rate or billed hourly?
    • Does the fee quote cover court filing costs, certified copies, publication notices, and mailing fees?
    • Will you incur additional charges if the estate requires an accounting, tax filings, or litigation?
  3. Ask for Clarification in Writing.

    If anything in the retainer agreement seems vague, ask your attorney to clarify in writing. A clear engagement letter protects both you and the attorney. It also lets you compare their proposal against statutory guidelines—for example, under N.C. Gen. Stat. § 28A-15-1(c), the court must approve reasonable compensation for personal representatives and their attorneys.

  4. Confirm Consent to Limited Scope (if Applicable).

    Rule 1.2(c) allows an attorney and client to agree on limited representation. The retainer must spell out which steps the lawyer will not take. If you later decide you need full administration services, you can ask your attorney to expand the agreement.

Key Questions to Ask Your Probate Attorney

  • What specific tasks does my retainer cover, start to finish?
  • Which tasks or services are excluded from this fee?
  • How do you handle additional services or unexpected issues?
  • Are court costs and filing fees included in the quoted retainer?
  • Will you obtain court approval for your fees under N.C. Gen. Stat. § 28A-15-1(c)? (view statute)
  • How often will you update me on progress and billing?
  • Can I upgrade from limited representation to full administration if needed?

By carefully reviewing your engagement letter and asking these targeted questions, you can ensure your North Carolina probate attorney’s retainer meets your needs—whether you want full administration or a narrowly tailored set of services.

Next Steps and Call to Action

Understanding your retainer agreement is the first step toward a smooth probate process. If you have questions or need help reviewing your probate retainer, reach out to Pierce Law Group. Our experienced probate attorneys can explain your options and guide you every step of the way. Contact us today by email at intake@piercelaw.com or call us at (919) 341-7055.