Purpose of This Engagement Letter
The Engagement Letter included in the Testate Probate Package is a template used to confirm the terms under which a firm represents a Personal Representative (PR) in administering an estate.
The letter establishes:
Who the client is (the PR in their fiduciary capacity)
The scope of probate representation
Billing practices and costs
The attorney-client relationship and privilege
When the representation begins and ends
The template is designed to reflect common issues in Washington probate practice, but each firm is responsible for ensuring its engagement letter complies with Washington law, RPCs, and WSBA policies.
Introduction and Representation of the Personal Representative
This section identifies the Personal Representative as your client and defines the Estate being administered. It also references the Standard Terms of Engagement, which are included with the template and are incorporated into the engagement letter by reference.
Important: The Standard Terms of Engagement included with the template are default provisions. You should review them carefully to ensure they align with your firm’s own policies and practices regarding billing, file retention, communications, and other engagement terms.
The provision also clarifies the nature of the attorney–client relationship in a probate matter. The template states that your firm represents the Personal Representative in their fiduciary role, not the estate’s beneficiaries or other family members. While you may provide general information to beneficiaries about the administration process, the engagement letter makes clear that you do not represent them and do not provide them legal advice.
If the Personal Representative is also a beneficiary, the template includes optional language explaining that the client may effectively “wear two hats.” In that situation, the engagement letter emphasizes that your role is to advise the client in fulfilling their fiduciary duties as Personal Representative, even when those duties may differ from the client’s personal interests as a beneficiary.
Scope of Representation
This section describes the legal services your firm will provide as part of the probate representation and clarifies what work is outside the scope of the engagement.
What Is Included by Default
The template assumes that your firm is being retained to assist with the core legal work involved in administering the probate estate. By default, the scope typically includes services such as:
Preparing and filing documents to open probate
Advising the Personal Representative regarding fiduciary duties
Preparing and sending required notices
Assisting with creditor claim procedures
Preparing the estate inventory
Advising on administration issues
Assisting with distributions to beneficiaries
Preparing documents necessary to close the probate proceeding
The engagement letter also clarifies that certain tasks often associated with estate administration are not legal services and are not included by default, such as preparing tax returns, providing financial advice, managing estate assets, or preparing fiduciary accountings.
Optional Scope Additions
The template includes optional language that you may choose to add if your firm typically provides additional services as part of probate administration. Examples include:
Estate Tax Compliance
Preparing federal or state estate tax returns and responding to inquiries from taxing authorities.
Trust Administration
Advising on the administration of revocable or testamentary trusts following the decedent’s death.
Real Estate or Business Interests
Handling transfers or sales of estate-owned real estate or advising on closely held business interests.
Tax and Financial Coordination
Working with accountants or financial advisors on fiduciary tax filings or tax elections.
Contested or Special Proceedings
Representing the Personal Representative in disputes, will contests, or petitions for court instructions.
Post-Death Planning Matters
Advising on disclaimers, spousal rights, family allowances, or other planning opportunities that arise during administration.
You may adjust this section depending on how broadly your firm defines the services it provides in probate matters.
Fees, Costs, and Advance Fee Deposits
This section explains how your firm charges for legal services and costs. The template assumes that legal services will be billed at hourly rates, with work delegated to lower-rate staff when appropriate.
The letter also explains that the client is responsible for:
Court filing fees
Publication costs
Delivery or research charges
Fees for third-party professionals, such as accountants or appraisers
The template includes two common billing approaches that you may choose between:
Monthly billing without an advance fee deposit
Monthly billing with an advance fee deposit held in trust
Attorney–Client Privilege and Communications
This section explains that communications between you and the client are confidential and protected by attorney–client privilege. It also warns that privilege can be lost if communications are shared with third parties, such as family members or advisors. Clients are encouraged to be careful when copying others on emails or using shared or workplace email accounts.
The Standard Terms also address common communication practices, including:
Email and electronic communication
File-sharing platforms
Electronic signatures and remote tools
Conclusion of Representation
This section explains when the engagement ends. Typically, the representation concludes once:
The probate is closed, and
The Personal Representative is discharged
If an advance fee deposit was used, any unused funds will be refunded after the final invoice is paid. The letter also clarifies that future legal work would require a separate engagement agreement.
Additional Standard Terms of Engagement
The Standard Terms of Engagement also address several additional issues, including:
No guaranteed outcome in the probate proceeding
The client’s right to terminate representation
The firm’s right to withdraw when permitted by the RPCs
Responsibility for payment of fees and costs
The firm’s document retention policy
These provisions help manage expectations and reduce disputes regarding billing, outcomes, and file access.
Client Signature Required
Clients are asked to sign the engagement letter to confirm that they:
Understand the scope of representation
Agree to the firm’s billing practices
Acknowledge that the Personal Representative is the client
A signed engagement letter documents informed consent and helps demonstrate compliance with professional responsibility requirements.
Resources for Engagement Letters
Below are various free resources that are available related to trusts & estates engagement letters, some of which are Washington-focused.