Q: i have questions in regards to a rejection notice on an opened probate in Kern County California.

A: Yes, you can hire an attorney on a "limited scope" basis. For limited scope legal services, the attorney and client agree on which services the lawyer will provide, and which things the client will do themselves. If you only want a consultation, you can pay hourly for that. See, for example, http://limitedscopecounsel.com/

A: Dear Pleasant Hill:

Mr. Dorfman is correct that the current state rules governing attorney practice allow for such "limited scope" representation. However, you may wish to consider if you are really capable of handling an estate by yourself. (Or, "in pro per.")

The attorney for the personal representative provides valuable insight into how probate works. There are many pitfalls for the unwary, which can have unintended and unpleasant result.

Now, if you are sure you are the only heir, you might be alright doing it yourself. After all, worst case you need to pay a forgotten or ignored creditor out of pocket. (Oh, by the way a forgotten creditor or other claimant in the right circumstances can hold a beneficiary liable up to the amount they receive from the estate, although the details are too expansive to go into in this forum.)

But, if there are other heirs or beneficiaries, you need to be careful. If you become the representative, you owe the heirs, beneficiaries, and creditors a fiduciary duty of care. Not only is this the highest level of care the law provides for, but a mistake can result in a breach of fiduciary duty claim. Not only could you have to repay money to the estate out of pocket, but you might also be ordered to pay interest, filling fees, the other party's attorney's fees, and exemplary (punitive) damages. And as the representative, your liability is not limited to the amount you receive from the estate.

If it is a relatively simple probate, you should shop around. Some attorneys will offer to charge you only the lesser of the statutory fee or their time spent at their hourly rate. Oh, and in case you are concerned over how to pay the attorney, an attorney for the personal representative (Administrator or Executor) is paid from estate funds, and only after the court approves the payment.

Good luck.