Trusts, Estates & Probate

TX Specific

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Texas Probate Process from Start to Finish

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Texas CLE Approved 6.75 Total
CPE for Accountants/NASBA Approved 8 Total
Texas State Bar of Paralegal Division Approved 6.5 Total
Live Online
6 hours 40 minutes
Trey Avant
John Dagley
Don Ford
Dirk Moore
Rick Tubb
With Trey Avant from Gray Reed + 4 others

Tue, Sep 15, 00:00 AM – 00:00 PM

Product ID 102121

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

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Related Topics

Product ID 102121

Credit Details

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Texas CLE Approved 6.75 Total
CPE for Accountants/NASBA Approved 8 Total
Texas State Bar of Paralegal Division Approved 6.5 Total
Select Jurisdiction
CLE
Paralegal
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. 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

  3. 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

  4. Probate Property vs. Non-Probate Assets

  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. 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

  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. 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

  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. 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

Trey Avant
Trey
Avant
Gray Reed
John L Dagley
John L.
Dagley
Buck Keenan LLP
Don D Ford III
Don D.
Ford, III
Ford + Bergner LLP
Dirk R Moore
Dirk R.
Moore
FBFK Law
Rick Tubb
Rick
Tubb
Farrow-Gillespie Heath Wilmoth LLP
Speaker bio
Trey Avant

Trey Avant

Gray Reed
Trey Avant

is a partner at Gray Reed. He focuses on trusts and estates-related litigation and fiduciary litigation. Specifically, Mr. Avant represents individuals and corporations in a variety of other lawsuits involving commercial disputes, real estate-related litigation and personal injury litigation. He has been recognized by multiple legal publications for his expertise and tenacity in the courtroom, his ability to advocate for his clients and his in-depth knowledge of the litigation process. Mr. Avant has successfully first chaired multiple jury trials, taken hundreds of depositions and negotiated favorable settlements for individuals and corporate entities all across Texas. He earned his B.A. degree, magna cum laude, from Louisiana Tech University and his J.D. degree from University of Houston Law Center.

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Speaker bio
John L Dagley

John L. Dagley

Buck Keenan LLP
John Dagley

is a partner at Buck Keenan LLP. He handles cases in all aspects of civil litigation. Mr. Dagley represents clients and tries cases for plaintiffs and defendants in state and federal trial courts, arbitrations, and on appeal throughout the United States. He is responsible for winning significant multi-million-dollar settlements and judgments for owners, operators, businesses, organizations, shareholders, and individuals in a wide range of practice areas, including fiduciary and probate, oil and gas, insurance, healthcare, partnerships, closely held businesses, and unique family disputes. Mr. Dagley is board-certified in civil trial law by the Texas Board of Legal Specialization, a specialty certification held by less than one percent of lawyers in Texas. He is regularly asked to participate in continuing legal education events, including the State Bar of Texas Fiduciary Litigation course, State Bar of Texas Breaking Boundaries in Custody Litigation course and StoneTurn Group Intellectual Property Roundtable. Mr. Dagley earned his B.B.A degree from Baylor University, his J.D. degree from Baylor University and his LL.M. degree from Baylor University.

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Speaker bio
Don D Ford III

Don D. Ford, III

Ford + Bergner LLP
Don Ford

is the managing partner with the law firm of Ford + Bergner LLP, and is board-certified in estate planning and probate. He has lectured to various professional groups on tax and estate planning, probate, and guardianships topics, and practices exclusively in these areas. In 2014, Mr. Ford was appointed by the chief justice of the Texas Supreme Court to serve as a commissioner on the Judicial Branch Certification Commission as a subject-matter expert in the area of guardianships. Additionally, he served from 2006 to 2014 on the Texas Guardianship Certification Board, where he served as the vice-chair of the committee and chaired the Rules Committee. Mr. Ford has also served on the editorial board of the Houston Lawyer Magazine, and the Board of Trustees for the Houston Lawyer Referral Service. He is a member of the Probate, Trusts and Estates sections of both the Houston and Dallas bar associations. Mr. Ford earned his J.D. degree and B.B.A. degree in accounting from Baylor University, and completed several post-graduate courses in pursuit of a Masters in Taxation.

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Speaker bio
Dirk R Moore

Dirk R. Moore

FBFK Law
Dirk Moore

is a shareholder at FBFK Law. He is board-certified in estate planning and probate by the Texas Board of Legal Specialization, with a practice focused on representing private business owners, high net-worth individuals, charities, and corporate fiduciaries in a wide range of tax and estate planning matters, with an emphasis on asset protection, business succession planning, estate planning, and family wealth transfer. Mr. Moore has represented a wide array of business owners during his 25+ year career. He has represented developers and owners of commercial and mixed-use real estate projects, including apartments, commercial and residential condominiums, retail shopping centers, medical facilities, and developers of master-planned communities with residential and commercial lots. He has also represented commercial and residential construction companies, oilfield service and product providers, steel and manufacturing companies, and varied service industry-related business owners. Mr. Moore's experience includes counseling his business clients on a wide range of strategic transactional matters, including formation and taxation of corporations, limited partnerships, limited liability companies, and joint ventures, as well as experience in handling stock and asset purchases and negotiation of business contracts and agreements for ongoing business entities. He earned his B.A. degree from University of Houston and his J.D. degree from The University of Texas at Austin.

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Speaker bio
Rick Tubb

Rick Tubb

Farrow-Gillespie Heath Wilmoth LLP
Rick Tubb

is a partner Farrow-Gillespie Heath Wilmoth LLP. He focuses his practice primarily in the areas of probate and trust litigation, probate procedures, estate planning, and commercial litigation. Mr. Tubb also has extensive experience in real estate litigation of all types and has handled many real estate sales and lease matters during his career. He has been rated AV Preeminent® by the peer-reviewed Martindale-Hubbell® service for 25 years. Mr. Tubb began his career with the firm now known as Godwin-Bowman and practiced for several years with Bracewell & Patterson, now known simply as Bracewell, LLP. He served as a trial attorney for the Federal Deposit Insurance Corporation for several years before opening a solo practice for 25 years prior to joining Farrow-Gillespie Heath Wilmoth LLP. Mr. Tubb earned his B.A. degree Vanderbilt University and his J.D. degree from University of Texas School of Law.

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