Buy This Course
OnDemand Video
Video Download
Course Book Download
or
Overview
Handling Probate From Initial Notices Through the Estate Closing
This "a through z" guide to probate is designed to take you from the first days of the estate timeline through all the steps of marshaling and valuing estate assets, locating and paying the creditors, paying the beneficiaries, and laying the estate to rest. You will receive the latest updates on the probate court procedure and tax laws, practical guidance from experienced probate attorneys on using spousal elective share and resolving estate disputes, and sample forms and checklists to speed up the administration process. Build a solid foundation for your probate practice - register today!
- Learn the procedure, rules and practical steps to effectively administer a probate.
- Determine what form of administration is appropriate for a specific probate case.
- Clarify the order of inheritance for an estate when there is no will.
- Locate assets and obtain ownership documents more easily with a list of local and online resources.
- Get a complete view of the sequence of events that must happen before the estate can be closed.
- Identify common actions that trigger malpractice liability and get tips for staying in the clear.
- Get practical advice for honoring or contesting all claims against the estate.
- Find new ways to resolve liquidity issues that delay estate closing and final distributions and payments.
- Learn what common closing mistakes can allow the estate to be re-opened, and how to avoid them.
Abbreviated Agenda
- Initial Filing in Probate Court and Estate Timeline
- Law of Intestate Succession
- Inventory and Appraisement
- Probate Property vs. Non-Probate Assets
- Handling Claims Against the Estate
- Tax Reporting and Post-Mortem Tax Matters
- Ethics
- Sale of Property and Distributions
- Final Accounting and Closing the Estate
- Probate Disputes and Litigation
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| New Jersey CLE |
|
8 Total | 02-21-2026 |
| New York CLE |
|
8 Total | 06-09-2028 |
| Pennsylvania CLE |
|
6.5 Total | 06-09-2027 |
Select Jurisdiction
CLE
Agenda
-
Initial Filing in Probate Court and Estate Timeline
- Small Estate Administration
- Probate Court Procedure
- Estate Timetable/Checklist
- Formal vs. Informal Probate Administration
- Opening the Estate
- Petition for Probate and Administration and Notice of Hearing
- Required Notices (to Creditors, Heirs, DHS, IRS)
- Sample Forms
- What the Personal Representative Needs to Know and Do
- When is Ancillary Administration Necessary?
-
Law of Intestate Succession
- Who Can Inherit - Degrees of Kinship and Order of Inheritance
- Determining the Share Size
- Exceptions and Bars to Inheritance
-
Inventory and Appraisement
- Locating Insurance Policies, Deeds and Other Ownership Documents
- Obtaining a Tax ID and Marshaling Property
- Preparing the Inventory and Appraisal Forms
- Dealing with the Probate Referee
- Managing Decedent's Assets During Probate
- Handling Common Valuation Issues
- When to Hire a Valuation Specialist or Appraiser
-
Probate Property vs. Non-Probate Assets
-
Handling Claims Against the Estate
- Required Creditor Notice
- Determining Priority of Claims
- Allowing and Rejecting Claims, and Paying Them
- Handling Lawsuits Against the Estate and the Decedent
- Insolvency Issues
-
Tax Reporting and Post-Mortem Tax Matters
- Final Tax Returns Timeline, Forms and Filing Procedure
- Requesting Deadline Extensions
- Income Tax Considerations in Probate
- Selecting a Tax Year: Calendar or Fiscal?
- Decedent's Final Income Tax Return
- Estate Income Tax Return
- Tax on Income Earned by Estate after Decedent's Death
- Beneficiary Income Tax Considerations
- Proper Use of Disclaimers and Valuation Discounts
- Claiming Estate Tax Portability
- Estate and Gift Tax Considerations - When Do You Need to File Form 706?
- Coordinating with Decedent's Accounting or Investment Advisors
- GST Tax Implications
- Handling Common Property Tax Issues
-
Ethics
- Who is Your Client? Avoiding Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Malpractice Liability Risks
- Negligence
- Breach of Fiduciary Duty
- Fraud
-
Sale of Property and Distributions
- Disposition of Real Estate - Title Issues in Probate
- Retirement Plans and IRA Distributions
- Life Insurance and Other Beneficiary Designations and Accounts
- Preliminary and Final Distributions
- Calculating Augmented Estate and Spousal Elective Share
- Dealing with the Surviving Family Members and Other Beneficiaries
- Solving the Problem of Liquidity
- Distributions to Trusts
-
Final Accounting and Closing the Estate
- Estate Accounting Procedure
- Closing Certificate for Fiduciaries
- Closing Decedent's Remaining Accounts
- Personal Representative and Attorney Compensation
- Extraordinary Services Compensation
- When Reopening the Estate is Warranted
-
Probate Disputes and Litigation
- Beneficiary Liability
- Fiduciary Liability
- Interpreting Testamentary Intent - Burdens of Proof, Presumptions, Evidence Rules
- Revoked, Multiple, Contested Wills
- Common Will Construction Problems
- Objections to Accounts and Petitions
Who Should Attend
This basic level online seminar is designed for professionals who want to be more effective in handling the probate process, including:
- Attorneys
- Paralegals
- CPAs and Accountants
- Financial Planners and Wealth Managers
- Tax Professionals
- Trust Officers
Speakers
Speaker bio
Daniel J. Jurkovic
is a solo practitioner located in Rutherford, New Jersey, whose practice is concentrated in the areas of elder law, guardianship, disability planning and estate planning. He has been granted the title of certified elder law attorney by the National Elder Law Foundation. This certification has been approved by the New Jersey Supreme Court and accredited by the American Bar Association. Recently, Mr. Jurkovic represented the Guardianship Association of New Jersey, Inc. (GANJI) and the National Academy of Elder Law Attorneys-N.J. (NAELA-NJ) as amicus parties before the New Jersey Supreme Court in the matter of Thomas Saccone v. Board of Trustees, Police and Fireman's Retirement System. He previously served as lead attorney on the amicus curiae brief submitted to the New Jersey Supreme Court in the matter of In Re Keri. Mr. Jurkovic earned his B.S.B.A. degree from Thomas Edison State College, his M.S. degree in labor relations from Cornell University and Baruch College and his J.D. degree and a certificate in health law policy from Pace University School of Law.
Speaker bio
Eric A. Feldhake
is a shareholder with the law firm of Kulzer & DiPadova, P.C., where his areas of practice include estate and tax planning, administration, litigation, and real estate and business transactions. He is licensed to practice in the state of New Jersey, Commonwealth of Pennsylvania, U.S. Tax Court and U.S. Supreme Court. Mr. Feldhake is also a member of the American, New Jersey State, Camden County, Burlington County and Cape May County bar associations. He is an adjunct instructor of legal and financial aspects of entrepreneurship at Rowan University, and was an instructor of taxation at the Judge Advocate General Corps' LL.M. Graduate Program. He is a retired Officer in the U.S. Army and Naval Reserves, and Pennsylvania and Indiana National Guards, where he served for 32 years. Mr. Feldhake earned his B.S. degree from Indiana University, his M.B.A. degree from the Temple University Fox School of Business and his J.D. degree and LL.M. degree in taxation from Temple University School of Law.
Speaker bio
Daniel I. Ward
has been in private practice for over 38 years and is licensed in NJ, PA and FL. He has a degree in economics from the University of Pennsylvania, a law degree from Rutgers University (with tax honors), and received my masters in tax from NYU. Mr. Ward's firm has a second office in Laurel Springs, NJ and satellite offices in Mt. Holly, NJ and Palm Beach Gardens, FL. His practice is concentrated in the areas of tax, estate and trust administration, business and personal planning, and corporate and entity transactions. Mr. Ward has been a speaker for numerous presentations and organizations over the years and currently is Of Counsel to two other firms.
Speaker bio
Tara Hagopian Zane
is a partner at Archer & Griener P.C. She is co-chair of Archer's Private Wealth, Estates and Trusts Group, and a member of the firm's Estate and Trust Litigation Group. Ms. Hagopian Zane works with families and individuals in all areas of estate planning, estate and trust administration, and estate and trust litigation.
Speaker bio
Victoria M. Brown
is an attorney with Victoria M. Brown, LLC. Her main areas of practice are probate, real estate, business, internet law, and litigation. Ms. Brown is admitted to practice in New York, New Jersey, Florida and Massachusetts. She is admitted to practice before the Supreme Court of the United States, Federal Circuit Court, Federal District Court, Southern and Eastern districts of New York, and the New Jersey Bankruptcy Court. Ms. Brown earned her B.A. degree from Boston University and her J.D. degree from New England School of Law.
Speaker bio
Daniel Makoski
is counsel to Porzio, Bromberg & Newman, P.C., and a member of the firm's wealth preservation group. His primary areas of concentration are tax planning, tax controversy, transactional business matters, wills, trusts and estate planning. Mr. Makoski has extensive experience advising clients on personal income tax matters, including tax-efficient methods of acquiring and distributing assets, negotiating with tax authorities to minimize or eliminate tax deficiencies, appearing in the U.S. Tax Court, and handling IRS appeals. He has also drafted many estate plans, living wills, health care proxies and powers of attorney. In addition, Mr. Makoski has significant expertise counseling business clients on business formation, mergers and acquisitions, restructuring, governance, and dissolution. He earned his B.A. degree from Ramapo College of New Jersey, his J.D. degree from Widener University Delaware School of Law and his LL.M. degree in taxation from New York Law School.
Speaker bio
Alice W. Meehan
is the attorney with Alice W. Meehan Esq. LLC in Hackensack and Eatontown. She has been a practicing attorney for more than 30 years and concentrates her practice in the areas of wills, trusts, estate probate and estate and trust litigation. This area of practice includes preparation of wills and trusts, powers of attorney, living wills and health directives, guardianship applications, litigating will contests on behalf of beneficiaries or the estate. Ms. Meehan earned her B.A. degree from the University of Virginia and her J.D. degree from Antonin Scalia School of Law. She is a member of the Bergen County Bar Association, New Jersey State Bar, New York Bar and Women Lawyers of Bergen County.
TOP FAQs
How do I access my courses?
Do you have options for attendees who are deaf or hard of hearing?
What happens if my course is cancelled?
Are multiple attendee discounts available?
When will the OnDemand be available and how long will I have access to the content?
What is included with my course purchase?
Will I receive a certificate of completion?
Can multiple people watch courses and request credit?
Have more questions? Please Contact Us
