DE Specific

Trusts, Estates & Probate

Delaware Probate Process from Start to Finish

Credits Available
Credit Status Total
Delaware CLE Approved 6.7 Total
Pennsylvania CLE Approved 6.5 Total
OnDemand
6 hours 34 minutes
Kathleen DeLacy
David Bever
Elle Van Dahlgren
Barbara Danberg
With Kathleen DeLacy from Reger Rizzo & Darnall LLP + 3 others
Recorded October 01, 2025.
Product ID 100886

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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. Probate Disputes and Litigation
  9. Sale of Property and Distributions
  10. Final Accounting and Closing the Estate

Related Topics

Product ID 100886

Credit Details

Credits Available
Credit Status Total
Delaware CLE Approved 6.7 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. 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

  9. 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

  10. 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

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

Kathleen DeLacy
Kathleen
DeLacy
Reger Rizzo & Darnall LLP
David J Bever
David J.
Bever
Barros, McNamara, Malkiewicz & Taylor, P.A.
Elle Van Dahlgren
Elle
Van Dahlgren
Elle Van Dahlgren Law, LLC
Barbara S Danberg
Barbara S.
Danberg
Brockstedt Mandalas Federico, LLC
Speaker bio
Kathleen DeLacy

Kathleen DeLacy

Reger Rizzo & Darnall LLP
Kathleen DeLacy

is a partner in the Wilmington and Rehoboth Beach office of Reger Rizzo & Darnall LLP. She brings more than twenty years of legal experience to her estate planning practice, concentrating on representing individuals emphasizing a broad range of estate and trust planning and administration matters. Ms. DeLacy’s practice includes assisting clients in the areas of estate and trust administration, will and trust preparation, estate tax plans, handicapped and special needs beneficiaries, guardianship issues, real estate, and litigation. She regularly handles estate administration and probate issues in the Court of Chancery. In addition to her practice, Ms. DeLacy has taught contracts and legal research in the paralegal program at Delaware Technical; Community College, Owens Campus, and has also taught at Wilmington College in their graduate and undergraduate programs. She is licensed to practice law in Delaware. Ms. DeLacy has also been admitted to practice in the U.S. District Court for the District of Delaware and U.S. Court of Appeals.

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Speaker bio
David J Bever

David J. Bever

Barros, McNamara, Malkiewicz & Taylor, P.A.
David Bever

is an attorney with Barros, McNamara, Malkiewicz and Taylor, P.A. in Dover, Delaware. He practices primarily in the area of domestic relations and estate planning services. Mr. Bever handles Chancery Court litigation on matters including partition, estate contests, adult guardianships, and trust modification and termination. He earned his B.A. degree from Manchester College and his J.D. degree from Hofstra University School of Law on Long Island.

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Speaker bio
Elle Van Dahlgren

Elle Van Dahlgren

Elle Van Dahlgren Law, LLC
Elle Van Dahlgren

is the owner of Elle Van Dahlgren Law, LLC. She advises clients on matters relating to estate planning, including powers of attorney, advance health care directives, wills, revocable trusts, supplemental needs trusts (also called special needs trusts), irrevocable life insurance trusts, asset protection, and business succession. Ms. Van Dahlgren's work encompasses all aspects of wills and trusts in Delaware and Pennsylvania, including probate of wills, the marshaling and inventory of assets, and the administration of living and testamentary trusts. In addition, she provides counsel on estate and trust administration, including probate, estate tax returns, post mortem tax planning, and other administration issues. As part of her practice, Ms. Van Dahlgren frequently assists clients in adult guardianship proceedings and petitions relating to probate or trust administration. She is admitted to practice in Delaware and Pennsylvania. In addition to membership in each state’s bar association and subcommittees, she provides pro bono services with Community Legal Aid Society, Inc., and Delaware Volunteer Legal Services, Inc. Ms. Van Dahlgren earned her B.A. degree from Drake University and her J.D. degree from the University of Iowa College of Law.

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Speaker bio
Barbara S Danberg

Barbara S. Danberg

Brockstedt Mandalas Federico, LLC
Barbara Danberg

is a partner at Brockstedt Mandalas Federico, LLC and practices in the areas of estate and trust planning and administration, tax, business and succession planning. She represents clients before the Internal Revenue Service and fiduciaries and beneficiaries concerning trusts. Taking a personal approach, Ms. Danberg guides small business owners from the formation and choice of entity to retirement and succession planning. For over twenty-five years, she has counseled families and businesses through the challenges that come with life's events, whether it is premarital planning, planning for the loss of a loved one, welcoming grandchildren, or transitioning a family business to the next generation. Ms. Danberg represents tax exempt entities and clients on like-kind exchanges, retirement planning, and commercial transactions. Admitted to practice in Delaware and Maryland courts, she is also admitted to practice before the Internal Revenue Service and U.S. Tax Court. Ms. Danberg has taught as an adjunct professor at Delaware Law School at Widener University, as well as in the paralegal program.

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