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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
- 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 |
|---|---|---|---|
| Alabama CLE |
|
6.7 Total | 12-31-2026 |
Select Jurisdiction
CLE
Agenda
-
Initial Filing in Probate Court and Estate Timeline
- When is Probate Administration Required and Post-Mortem Methods to Avoid Probate
- 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 Publication and Notices (to Creditors, Heirs, Medicaid, IRS)
- Sample Forms
- What the Personal Representative Needs to Know and Do
- When is Ancillary Administration Necessary?
- Probate Property vs. Non-Probate Assets
-
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
-
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 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
- Objections to Accounts and Petitions
- Final Decree Closing the Estate
- 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
Peter M. Wright
is a shareholder with Dentons Sirote PC in their Birmingham, Alabama office. He focuses his practice on estate, will and trust law with an emphasis on trust and estate litigation matters. Mr. Wright has made the Best Lawyers in America list for trust and estate litigation for the past five years. He has also taught trial advocacy at the University of Alabama's School of Law and is currently a member of the Homewood City Council. Mr. Wright earned his B.A. degree from Washington & Lee University and his J.D. degree from the University of Alabama School of Law. He is a member of the American Bar Association, Alabama State Bar and the Birmingham Bar Association, where he is president elect of the Probate Section.
Speaker bio
Horace Nation
is an experienced trial attorney at his practice, The Law Office of H.H. "Chip" Nation, LLC, with a demonstrated history of working in the law practice industry. He is skilled in civil litigation, writing, oral advocacy, motion and trial practice, negotiation, mediation, and appeals. Mr. Nation earned his bachelor's degree in business administration and management from The University of Alabama and his J.D. degree from Samford University, Cumberland School of Law. He is authorized to practice law in the state of Alabama.
Speaker bio
Thad A. Davis
is a member with The Law Offices of Davis & Davis, LLC in Birmingham, Alabama. He focuses his practice on trusts and estates, with an emphasis on litigation. Mr. Davis represents fiduciaries and beneficiaries in trust and estate cases and related controversies, including will contests, spousal elective share proceedings, common law spouse claims, fiduciary accounting cases, post-death disputes over prenuptial and postnuptial agreements, and intra-family business and real estate litigation. He also advises clients on the administration of estates and trusts as well as their estate planning. Mr. Davis earned his A.B. degree, cum laude, from Duke University; his J.D. degree, magna cum laude, from the University of Alabama School of Law; and his LL.M. degree in taxation from the University of Florida where he was a graduate editor of the Florida Tax Review.
Speaker bio
Jennifer M. McInerney
is an attorney with McInerney Law, where her practice is focused in estate planning, primarily for families with special needs children. She is licensed to practice in Alabama and Mississippi. Ms. McInerney is the founding member and co-president of the Board of Directors of Special Siblings, which provides support for children with special needs siblings. She currently serves as the president of the Board of Directors of the Jefferson County Intellectual and Developmental Disability Authority. Ms. McInerney is a member of the Board of Directors for Down Syndrome Alabama, Shelby Humane Society and 25:35. She earned her B.A. degree, magna cum laude, as well as her M.A. degree, summa cum laude, from the University of Alabama at Birmingham. Ms. McInerney earned her J.D. degree from Indiana University School of Law and her LL.M. degree in taxation from Washington University in St. Louis.
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