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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
- Inventory and Appraisement
- Probate Property vs. Non-Probate Assets
- Sale of Property and Distributions
- Tax Reporting and Post-Mortem Tax Matters
- Ethics
- Handling Claims Against the Estate
- Final Accounting and Closing the Estate
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Watch the recording of this event on your own schedule. We'll notify you when its ready.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Financial Planners |
|
8 Total |
| Indiana CLE |
|
6.7 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
-
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
-
Probate Property vs. Non-Probate Assets
-
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
-
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
-
Ethics
- Who is Your Client? Avoiding Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Malpractice Liability Risks
- Negligence
- Breach of Fiduciary Duty
- Fraud
-
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
-
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
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
Shannon M. Cianciola
is the owner and managing attorney of Cianciola Law LLC, where she focuses her practice on Probate Counsel, Estate & Business Succession Planning, Real Estate Law and Corporate Law. Ms. Cianciola earned her B.S. degree from John Carroll University and her J.D. degree from Cleveland-Marshall College of Law. She is admitted to practice law in Ohio.
Speaker bio
Richard S. Koblentz
is an attorney with Koblentz, Penvose & Froning, LLC. He devotes the greatest portion of his practice to the area of professional responsibility, including legal ethics, attorney discipline, bar admission representation, representation in the areas of attorney conflicts of interest, disqualification of counsel, law firm formations and dissolutions, legal malpractice representation as both plaintiff and defense counsel, and service as an expert witness. In 2024 Mr. Koblentz was awarded the William K Thomas Professionalism of the Year Award by the Cleveland Metropolitain Bar Association. Mr. Koblentz also practices in the areas of complex and general civil litigation, criminal defense, probate, real estate, small business counseling and domestic relations. He has served as president of the Cleveland-Marshall Law Alumni Association, is an officer of the Cuyahoga County Bar Association, and is a member of the Council of Visitors at California Western School of Law in San Diego, California. He earned his B.S. degree from The Ohio State University and his J.D. degree from Cleveland-Marshall College of Law.
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
Philip King
, Esq. is currently the only African American Ohio State Bar Association Certified Specialist in Estate Planning, Trust, and Probate Law. With over 24 years of legal experience, Attorney King is the founding member of Estate Planning, Trust, and Probate Law Firm, LLC, based in Columbus, Ohio. After 13 years in the public sector, Attorney King recognized the need to make the law more accessible and understandable for individuals facing real-world challenges. This inspired him to establish his firm, where he focuses on providing superior service in probate, estate planning, and guardianship matters. His goal is to simplify complex legal processes and deliver affordable solutions tailored to his clients' needs. Attorney King has successfully managed hundreds of probate cases and estate plans for residents throughout Ohio. His mission is to share his expertise in avoiding probate, empowering individuals to improve their lives and inspiring them to pass this knowledge on to others.
Speaker bio
Jared Hoover
is owner of Hoover Estate Counsel LLC. He is certified as a specialist in estate planning, trust and probate law by the Ohio State Bar Association. Mr. Hoover's practice is concentrated on estate planning and trust matters. He is licensed to practice law in Ohio and Florida, and is a certified public accountant. Mr. Hoover earned his B.S. degree in electrical engineering from Case Western University and his J.D. degree, cum laude, from Case Western University School of Law.
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