NY Specific

Trusts, Estates & Probate

4.77

New York Probate Process from Start to Finish

Credits Available
Credit Status Total
Connecticut CLE Approved 6.5 Total
New York CLE Approved 8 Total
Pennsylvania CLE Approved 6.5 Total
OnDemand
6 hours 32 minutes
Matthew Rappaport
Kimberly Bliss
Karen Davakis
Keith Black
With Matthew E. Rappaport from Falcon Rappaport & Berkman LLP + 3 others
Recorded September 03, 2025.
Product ID 100554

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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

  1. Initial Filing in Probate Court and Estate Timeline
  2. Law of Intestate Succession
  3. Inventory and Appraisement
  4. Probate Property vs. Non-Probate Assets
  5. Handling Claims Against the Estate
  6. Tax Reporting and Post-Mortem Tax Matters
  7. Ethics
  8. Sale of Property and Distributions
  9. Final Accounting and Closing the Estate
  10. Probate Disputes and Litigation

Related Topics

Product ID 100554

Credit Details

Credits Available
Credit Status Total
Connecticut CLE Approved 6.5 Total
New York CLE Approved 8 Total
Pennsylvania CLE Approved 6.5 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Initial Filing in Probate Court and Estate Timeline

    1. Small Estate Administration
    2. Probate Court Procedure
    3. Estate Timetable/Checklist
    4. Formal vs. Informal Probate Administration
    5. Opening the Estate
      1. Petition for Probate and Administration and Notice of Hearing
      2. Required Notices (to Creditors, Heirs, DHS, IRS)
      3. Sample Forms
    6. What the Personal Representative Needs to Know and Do
    7. When is Ancillary Administration Necessary?

  2. Law of Intestate Succession

    1. Who Can Inherit - Degrees of Kinship and Order of Inheritance
    2. Determining the Share Size
    3. Exceptions and Bars to Inheritance

  3. Inventory and Appraisement

    1. Locating Insurance Policies, Deeds and Other Ownership Documents
    2. Obtaining a Tax ID and Marshaling Property
    3. Preparing the Inventory and Appraisal Forms
    4. Dealing with the Probate Referee
    5. Managing Decedent's Assets During Probate
    6. Handling Common Valuation Issues
    7. When to Hire a Valuation Specialist or Appraiser

  4. Probate Property vs. Non-Probate Assets

  5. Handling Claims Against the Estate

    1. Required Creditor Notice
    2. Determining Priority of Claims
    3. Allowing and Rejecting Claims, and Paying Them
    4. Handling Lawsuits Against the Estate and the Decedent
    5. Insolvency Issues

  6. Tax Reporting and Post-Mortem Tax Matters

    1. Final Tax Returns Timeline, Forms and Filing Procedure
    2. Requesting Deadline Extensions
    3. Income Tax Considerations in Probate
      1. Selecting a Tax Year: Calendar or Fiscal?
      2. Decedent's Final Income Tax Return
      3. Estate Income Tax Return
      4. Tax on Income Earned by Estate after Decedent's Death
      5. Beneficiary Income Tax Considerations
    4. Proper Use of Disclaimers and Valuation Discounts
    5. Claiming Estate Tax Portability
    6. Estate and Gift Tax Considerations - When Do You Need to File Form 706?
    7. Coordinating with Decedent's Accounting or Investment Advisors
    8. GST Tax Implications
    9. Handling Common Property Tax Issues

  7. Ethics

    1. Who is Your Client? Avoiding Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Malpractice Liability Risks
      1. Negligence
      2. Breach of Fiduciary Duty
      3. Fraud

  8. Sale of Property and Distributions

    1. Disposition of Real Estate - Title Issues in Probate
    2. Retirement Plans and IRA Distributions
    3. Life Insurance and Other Beneficiary Designations and Accounts
    4. Preliminary and Final Distributions
    5. Calculating Augmented Estate and Spousal Elective Share
    6. Dealing with the Surviving Family Members and Other Beneficiaries
    7. Solving the Problem of Liquidity
    8. Distributions to Trusts

  9. Final Accounting and Closing the Estate

    1. Estate Accounting Procedure
    2. Closing Certificate for Fiduciaries
    3. Closing Decedent's Remaining Accounts
    4. Personal Representative and Attorney Compensation
    5. Extraordinary Services Compensation
    6. When Reopening the Estate is Warranted

  10. Probate Disputes and Litigation

    1. Beneficiary Liability
    2. Fiduciary Liability
    3. Interpreting Testamentary Intent - Burdens of Proof, Presumptions, Evidence Rules
    4. Revoked, Multiple, Contested Wills
    5. Common Will Construction Problems
    6. 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

Matthew E Rappaport
Matthew E.
Rappaport
Falcon Rappaport & Berkman LLP
Kimberly S Bliss
Kimberly S.
Bliss
Falcon Rappaport & Berkman LLP
Karen C Davakis
Karen C.
Davakis
Falcon Rappaport & Berkman LLP
Keith D Black
Keith D.
Black
Law Office of Keith D. Black, P.C.
Speaker bio
Matthew E Rappaport

Matthew E. Rappaport

Falcon Rappaport & Berkman LLP
Matthew Rappaport

chairs Falcon Rappaport & Berkman LLP's Taxation and Private Client groups. He concentrates his practice in taxation as it relates to real estate, closely held businesses, private equity funds, family offices, and trusts and estates. Mr. Rappaport advises clients regarding tax planning, structuring and compliance for commercial real estate projects, all stages of the business life cycle, generational wealth transfer, family business succession, and executive compensation. He also collaborates with other attorneys, accountants, financial advisors, bankers, and insurance professionals when they encounter matters requiring a threshold level of tax law expertise. Mr. Rappaport earned his J.D. degree and his Master of Laws in taxation from Georgetown University Law Center. He is a member and admitted to practice in the state of New York and the U.S. Tax Court.

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Speaker bio
Kimberly S Bliss

Kimberly S. Bliss

Falcon Rappaport & Berkman LLP
Kimberly Bliss

is a partner at Falcon Rappaport & Berkman LLP. She counsels individuals and families on trusts and estates issues, focusing on gift and estate tax matters, special needs planning, elder law, and estate administration. Ms. Bliss is particularly adept at assisting clients in settling the estates of their loved ones, advising on long-term care needs and navigating and applying for Medicaid benefits. Before practicing law, she worked at White Plains Hospital for ten years and draws upon her health care experience to inform and strengthen her elder law practice. Ms. Bliss earned her B.A. degree from Purchase College and her J.D. degree, summa cum laude, from Pace University School of Law. She is a member of the New York State Bar Association (Trusts and Estates Section), New York State Bar Association (Elder Law Section), American Bar Association, Westchester County Bar Association, and Westchester Women's Bar Association. Ms. Bliss is admitted to practice law in New York.

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Speaker bio
Karen C Davakis

Karen C. Davakis

Falcon Rappaport & Berkman LLP
Karen Davakis

is senior counsel in Falcon Rappaport & Berkman LLP's Estate Litigation and Contested Accountings Practice group, specializing in complex trusts and estates litigation. She advises both proponents and objectants in contested probate, kinship, accounting, fiduciary removal, turnover, and related trusts and estates proceedings. Ms. Davakis also works alongside FRB's estate administration and estate planning attorneys to assist clients in mitigating the risk of future litigation. In addition to her litigation practice, she is regularly appointed by the court to serve as a guardian ad litem in Surrogate's Court matters, representing the interests of minors, individuals under a disability, and other parties who are unable to represent themselves. Ms. Davakis earned her B.S.B.A. degree from The Ohio State University, Fisher College of Business and her J.D. degree from Western Michigan University Thomas M. Cooley Law School. She is a member of the New York State Bar Association (Trust and Estates Section), New York City Bar Association, and Nassau County Bar Association (Trusts and Estates Section). Ms. Davakis is also an advisory board member of Forbes Advisor Legal. She is admitted to practice law in New York.

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Speaker bio
Keith D Black

Keith D. Black

Law Office of Keith D. Black, P.C.
Keith Black

is a partner at Falcon Rappaport & Berkman LLP. He advises clients on a broad range of trusts and estates matters, including estate and trust planning, administration, and litigation. From 2008 through 2019, Mr. Black headed his own law firm and expanded his practice to include guardianships, elder law, planning for persons with special needs, and real estate. His practice also encompassed representing high-net-worth individuals, trusts, estates, family businesses and foundations in sophisticated tax planning and administration. As a litigator, Mr. Black's practice developed to include probate contests, accounting and kinship proceedings, discovery and turnover proceedings, trust invalidation proceedings, and proceedings to suspend and remove fiduciaries. He frequently receives appointments by the Surrogate's Courts as a guardian ad litem to represent minors and other persons with a disability in Surrogate's Court proceedings. Mr. Black earned his B.S. degree from Binghamton University and his J.D. degree from Touro University Jacob D. Fuchsberg Law Center. He is a member of the Nassau Lawyers' Association of Long Island, Inc., New York State Bar Association, and Nassau County Bar Association. Mr. Black is admitted to practice law in New York.

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