NC Specific

Trusts, Estates & Probate

North Carolina Probate Process: In 7 Simple Steps

Credits Available
Credit Status Total
Illinois CLE Approved 6 Total
North Carolina CLE Approved 6 Total
OnDemand
5 hours 53 minutes
Robyn Hicks-Guinn
Misty Piekaar
Jason Hicks
David Tarbet
With Robyn Hicks-Guinn from Hicks-Guinn Law + 3 others
Recorded March 11, 2024
Product ID 97892

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Overview

Learn How to Handle Assets, Personal Representatives, and More!

This step-by-step practical instruction offers essential knowledge of probate processes and best practices for handling each unique case effectively. Learn how to tackle crucial first steps; handle the personal executive; gather, value, and distribute all assets; and successfully complete the final accounting. Arm yourself with the foundational knowledge and best practices you need to ensure a smooth administration from start to finish. Register today!

  • Don't overlook anything important: confidently navigate critical first steps.
  • Understand executor powers, duties, responsibilities, and compensation guidelines.
  • Learn how to effectively marshal and inventory all assets.
  • Pick up tips for validating, prioritizing, and satisfying creditor claims.
  • Put the decedent's affairs to rest by making distributions, filing the final tax return, and completing the final accounting.

Abbreviated Agenda

  1. Opening the Estate
  2. Preparing the Personal Representatives for the Job
  3. Managing the Estate: Valuations, Spousal Share, and More
  4. Addressing Creditor Claims
  5. Handling Estate Closing, Final Accounting, and Tax Returns
  6. Maintaining an Ethical Practice

Related Topics

Product ID 97892

Credit Details

Credits Available
Credit Status Total
Illinois CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Opening the Estate

    1. What to Do in the First 48 Hours
    2. Obtaining the Will and Getting it Admitted
    3. Locating and Notifying the Beneficiaries
    4. Determining if the Estate Qualifies for a Small Estate Administration
    5. The Estate Timeline - What Must be Done When
    6. Filing the Initial Petition With the Probate Court: Forms and Procedures
    7. Sending Initial Notices to the Public and to State Agencies
    8. Closing the Decedent's Accounts
    9. Obtaining the Estate Tax ID
    10. Laws of Intestacy

  2. Preparing the Personal Representatives for the Job

    1. Educating PRs on Their Duties, Powers, and Responsibilities
    2. Compiling Personal Representative Guide/Instructions
    3. Clarifying Executor Compensation
    4. Advising PRs on Potential Problems and Liability

  3. Managing the Estate: Valuations, Spousal Share, and More

    1. Marshalling and Valuing Decedent's Assets
    2. Initial Inventory
    3. Maintenance and Management
    4. Determining Elective Share and Homestead Allowance
    5. Spousal Rights: Electing vs. Disclaiming the Share
    6. Claiming Homestead Allowance
    7. Portability Rules; Claiming Unused Lifetime Exclusion
    8. Estate Expenses: Payment and Record-Keeping
    9. What to Do With the Income the Estate is Producing

  4. Addressing Creditor Claims

    1. Issuing Notices to Creditors: What Works Best
    2. Validating Claims
    3. Determining the Priority of Creditor Rights
    4. Selling Property to Satisfy Claims: What to Sell, How to Do it, and How to Properly Record it
    5. Satisfying Tax Claims and Liens

  5. Handling Estate Closing, Final Accounting, and Tax Returns

    1. Post-Mortem Tax Planning, Distributions, and Trust Administration
    2. Tax Returns and Deadlines - Estate and Income, State and Federal, Decedent's and the Estate's
    3. Informal Closing by Statement of Personal Representative
    4. Compiling and Balancing the Final Account
    5. Final Distributions to Beneficiaries and Liability of Distributees
    6. Closing the Estate and Discharging the Fiduciary

  6. Maintaining an Ethical Practice

    1. Whom do You Represent? Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Practicing Law in More Than One State

Who Should Attend

This basic level online seminar is designed for:

  • Attorneys
  • Accountants
  • Tax Professionals
  • Trust Officers
  • Executors and Other Fiduciaries
  • Paralegals

Speakers

Robyn Hicks-Guinn
Robyn
Hicks-Guinn
Hicks-Guinn Law
Misty L Piekaar
Misty L.
Piekaar
Piekaar Law Firm, PLLC
Jason F Hicks
Jason F.
Hicks
Guilford County Attorney's Office
David Tarbet
David
Tarbet
The Banks Law Firm
Speaker bio
Robyn Hicks-Guinn

Robyn Hicks-Guinn

Hicks-Guinn Law
Robyn Hicks-Guinn

is the managing attorney at Hicks-Guinn Law, PLLC in Charlotte, North Carolina. She assists individuals and small business owners, and enjoys counseling families and individuals in estate planning, estate administration, business succession planning, and real estate matters. Ms. Hicks-Guinn also advises businesses as general corporate counsel, and advocates for victims in personal injury and workers' compensation cases. She serves on numerous committees with the Mecklenburg County Bar Association, has been appointed to the General Contracting and Licensing Board for the State of North Carolina, and served on the City of Raleigh Human Relations Commission, as well as several civic and philanthropic organizations across the state. Ms. Hicks-Guinn earned her B.S. degree from the University of North Carolina at Chapel Hill and her J.D. degree from North Carolina Central University School of Law. She is admitted to practice in North Carolina and before the U.S. District Court for the Western District.

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Speaker bio
Misty L Piekaar

Misty L. Piekaar

Piekaar Law Firm, PLLC
Misty Piekaar

is an attorney at Piekaar Law Firm, PLLC, and has advised many clients on estate planning strategies that address the consequences of transferring assets, tax liabilities, business interests, and proper planning for retirement, marriage and incapacity. She also has assisted many clients with estate administration, elder law and guardianships. Ms. Piekaar is a member of the North Carolina Bar Association, Wake County Bar Association, and a member of the Estate Planning Section of the North Carolina Bar Association. She earned her J.D. degree from North Carolina Central University School of Law and her undergraduate degree in international studies from the University of North Carolina at Chapel Hill.

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Speaker bio
Jason F Hicks

Jason F. Hicks

Guilford County Attorney's Office
Jason Hicks

is an assistant county attorney with Guilford County, North Carolina. He is licensed in both Tennessee and North Carolina. Over the course of his career, he has practiced family/divorce law, probate, and litigation, as well as elder law, juvenile law, and local government law. Mr. Hicks is a member of the District 24 (NC), Putnam County (TN), Tennessee, North Carolina, and American Bar Associations. He is currently the President of the North Carolina DSS Attorney's Association. He is Past-President of the Putnam County Bar Association and the Upper Cumberland Trial Lawyers Association. Mr. Hicks is also the past Vice-President of the Tennessee Bar Association-Young Lawyers Division. He is a frequent speaker at legal education seminars having presented over forty CLE presentations. He is a barrister member of the Guilford Chapter, American Inn of Courts. He received his B.A. degree from The University of Tennessee, Knoxville and his J.D. from Faulkner University, Thomas Goode Jones School of Law.

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Speaker bio
David Tarbet

David Tarbet

The Banks Law Firm
David Tarbet

is a principal in the Durham office of The Banks Law Firm. He has extensive experience in creating unique estate plans for individuals that aid their families, friends, and beneficiaries in times of loss. Mr. Tarbet understands the tax ramifications and tax planning techniques available to lessen the tax burdens on the transfer of wealth between generations. He earned his B.A. degree from Brigham Young University, his J.D. degree from the University of Iowa College of Law, and his Master of Law in taxation from the University of Washington School of Law.

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