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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
- Ethics
- Sale of Property and Distributions
- Inventory and Appraisement
- Tax Reporting and Post-Mortem Tax Matters
- Handling Claims Against the Estate
- Probate Property vs. Non-Probate Assets
- Final Accounting and Closing the Estate
- Probate Disputes and Litigation
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Financial Planners |
|
8 Total |
| Ohio CLE |
|
6.75 Total |
| CPE for Accountants/NASBA |
|
8 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Initial Filing in Probate Court and Estate Timeline
- 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 Notices (to Creditors, Heirs, DHS, IRS)
- Sample Forms
- What the Personal Representative Needs to Know and Do
- When is Ancillary Administration Necessary?
-
Law of Intestate Succession
- Who Can Inherit - Degrees of Kinship and Order of Inheritance
- Determining the Share Size
- Exceptions and Bars to Inheritance
-
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 Augmented Estate and Spousal Elective Share
- Dealing with the Surviving Family Members and Other Beneficiaries
- Solving the Problem of Liquidity
- Distributions to Trusts
-
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
-
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
-
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
-
Probate Property vs. Non-Probate Assets
-
Final Accounting and Closing the Estate
- Estate Accounting Procedure
- Closing Certificate for Fiduciaries
- 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
James S. Adray
is a partner in the Toledo law firm of Adray & Ward, where he practices in the areas of business law, probate, estate planning, divorce, and medical malpractice. He also deals with estate tax issues. Mr. Adray is a mediator/arbitrator with the American Arbitration Association and is a mediator trainer throughout Ohio. He has taught at the University of Toledo Law School and College of Education. Mr. Adray is a member of the State Bar of Michigan (Alternate Dispute Resolution, and Probate and Trust Law committees), and the Ohio State (Family Law and Alternative Dispute Resolution committees) and Toledo bar associations. He earned both his B.A. degree and his J.D. degree from the University of Toledo.
Speaker bio
E. Dale Searcy
is a Professor of Law Emeritus at the University of Dayton School of Law, where he has taught for more than 30 years, specializing in income tax, estate and gift tax, wills and trusts, and estate planning. He has advised the Tax Moot Court teams and the Phi Delta Phi legal professional fraternity, and founded and advised the Volunteer Income Tax Assistance (VITA) program. The law school student body has selected him Professor of the Year ten times. Since retiring from full-time teaching, Professor Searcy has consulted for lawyers. He earned his B.S. degree in mechanical engineering from General Motors Institute, his J.D. degree from Indiana University and his LL.M. degree in taxation from New York University.
Speaker bio
Mark Graziani
is an attorney and owner of Graziani Law, LLC located in Barberton, Ohio. He practices in the areas of bankruptcy protection, estate planning, and probate throughout Ohio from his office in Barberton. Additionally, Mr. Graziani is a veteran and provides services for fellow veterans. He earned his B.S. degree, magna cum laude, from Ohio State University in astronomy; his master's degree in business administration, with honors, from the University of Akron; and his J.D. degree from the University of Akron School of Law.
Speaker bio
Michael Brody
is an attorney at Reminger Co., LPA's Cleveland Office. He focuses his practice primarily on estate, trust, and probate litigation, as well as trust and estate administration. Mr. Brody earned his B.A. degree, magna cum laude, from John Carroll University and his J.D. degree, magna cum laude, from Cleveland State University College of Law. He is a member of the Ohio State Bar Association, Cleveland Metropolitan Bar Association, and American Bar Association. Mr. Brody is admitted to practice law in Ohio and before the U.S. District Court, Northern District of Ohio.
Speaker bio
Adam R. Huffman
is an attorney at Carlile Patchen & Murphy LLP. He focuses his legal practice on estate planning, elder law, Medicaid planning, guardianship, and probate. Mr. Huffmanb works closely with individuals and families to design and implement strategies that preserve assets, ensure long-term care, and support smooth transitions during life's most challenging stages. Clients value his practical, solutions-oriented approach and his ability to guide them through complex legal decisions with clarity and confidence. Prior to joining CPM, Mr. Huffman held a leadership role at a central Ohio law firm, where he oversaw legal teams specializing in estate administration, Medicaid, VA benefits, and trust funding. His work included managing attorneys and staff, developing internal training programs, and leading initiatives to support the firm's growth. In client-facing roles, Mr. Huffman structured and implemented comprehensive estate plans tailored to asset protection, government benefits, and wealth preservation goals, all handled with a focus on accessibility and compassionate service. He earned his J.D. degree, cum laude, from Capital University Law School; and his B.A. degree in criminology, magna cum laude, from Capital University, where he also minored in political science, sociology, and theatre studies.
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