AZ Specific

Trusts, Estates & Probate

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Arizona Probate Process from Start to Finish

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Arizona CLE Approved 6.75 Total
Arizona CPE for Accountants Approved 8 Total
CPE for Accountants/NASBA Approved 8 Total
Live Online
6 hours 40 minutes
Louis Silverman
Sarah Holcomb
Thomas Murphy
Phillip Visnansky
With Louis A. Silverman from Praesidium Law, PLLC + 3 others

Thu, Jun 11, 00:00 AM – 00:00 PM

Product ID 101813

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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. Handling Claims Against the Estate
  5. Tax Reporting and Post-Mortem Tax Matters
  6. Probate Property vs. Non-Probate Assets
  7. Final Accounting and Closing the Estate
  8. Sale of Property and Distributions
  9. Ethics
  10. Probate Disputes and Litigation

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Related Topics

Product ID 101813

Credit Details

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Arizona CLE Approved 6.75 Total
Arizona CPE for Accountants Approved 8 Total
CPE for Accountants/NASBA Approved 8 Total
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CLE
Other

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. 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

  5. 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

  6. Probate Property vs. Non-Probate Assets

  7. 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

  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. 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

  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

Louis A Silverman
Louis A.
Silverman
Praesidium Law, PLLC
Sarah Holcomb
Sarah
Holcomb
The Law Offices of Sarah Holcomb PLLC
Thomas J Murphy
Thomas J.
Murphy
Murphy Law Firm, Inc.
Phillip B Visnansky
Phillip B.
Visnansky
Warner Angle Hallam Jackson & Formanek PLC
Speaker bio
Louis A Silverman

Louis A. Silverman

Praesidium Law, PLLC
Louis Silverman

is an attorney at Praesidium Law, PLLC, where he practices in the areas of estate planning, estate administration, probate law, and related matters. Mr. Silverman is board-certified in estate and trust law by the State Bar of Arizona. His practice emphasizes estate planning, which includes wills and trusts and other estate planning devices; and trust administration and probate, which includes death probate, guardianship, and conservatorship. Mr. Silverman has served as judge pro tem on the Maricopa County Superior Court. He is a member of WealthCounsel, and is a past member of the Elder Law, Mental Health and Special Needs Planning Section of the State Bar of Arizona. Mr. Silverman is a board member emeritus of the Sonoran University of Health Sciences, past president of the Board of Directors of Tempe Leadership and past president of Tempe Community Action Agency. He earned his B.S. degree in business from Arizona State University and his J.D. degree from South Texas College of Law in Houston. Mr. Silverman is admitted to practice in the state courts of Arizona and Texas, U.S. District Court for Arizona and Western District of Texas.

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Speaker bio
Sarah Holcomb

Sarah Holcomb

The Law Offices of Sarah Holcomb PLLC
Sarah Holcomb

is a solo practitioner in The Law Offices of Sarah Holcomb PLLC. She practices in the areas of asset protection; estate planning; wills, trusts, and probate estates; business formation; guardianships and conservatorships; mediation; and elder law. Ms. Holcomb serves as a court-appointed mediator through the Coconino County Superior Court Alternative Dispute Resolution Program, and is a court-appointed investigator for private guardianship and conservatorship cases as well as adoption cases. She is a member of the State Bar of Arizona (Sections for Alternative Dispute Resolution, Mental Health and Elder Law, and Probate and Trust Law), the Coconino County Bar Association and the National Academy of Elder Law Attorneys. Ms. Holcomb is a graduate of the University of Kansas School of Law, where she earned certificates in both tax law and elder law. Prior to opening her own firm, she acted as a supervising attorney of the Child Support Program for Southern Arizona Legal Aid in Tucson, and then an associate with a private firm in Flagstaff, Arizona.

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Speaker bio
Thomas J Murphy

Thomas J. Murphy

Murphy Law Firm, Inc.
Thomas Murphy

is an attorney located in the Ahwatukee area of Phoenix. His practice emphasizes estate planning, elder law (including nursing home issues), all probate matters (including contested matters and guardianships), and tax controversies. Mr. Murphy has regularly appeared before the Arizona Court of Appeals, litigating many of the cutting-edge appellate cases in probate law. He has successfully litigated cases in the U.S. Tax Court, Arizona Tax Court, and the Arizona Board of Tax Appeals. Mr. Murphy is a member of the National Academy of Elder Law Attorneys, State Bar of Arizona (Tax Law, Probate and Trust Law, Mental Health and Elder Law sections), and Arizona Medicaid Planning Council. He serves on the Advisory Board of the Phoenix Tax Workshop and the Editorial Board of NAELA News. Mr. Murphy graduated from Tufts University, with honors, and earned his J.D. degree from Suffolk University Law School.

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Speaker bio
Phillip B Visnansky

Phillip B. Visnansky

Warner Angle Hallam Jackson & Formanek PLC
Phillip Visnansky

is an attorney at Warner Angle Hallam Jackson & Formanek PLC. His practice focuses on helping families navigate complex cases involving probate, guardianship, conservatorship, trust, and estate planning issues. Mr. Visnansky is admitted to the practice of law in Arizona and Pennsylvania. He graduated, summa cum laude, with a Bachelor of Arts degree in history from Northern Arizona University. Mr. Visnansky was named Outstanding Senior of the Year for the College of Arts and Sciences, where he was a member of numerous organizations. Currently, he is pursuing a Masters of Divinity at Grand Canyon University. 

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