AZ Specific

Trusts, Estates & Probate

Arizona Probate Process: In 7 Simple Steps

Credits Available
Credit Status Total
Arizona CLE Approved 6 Total
OnDemand
5 hours 51 minutes
Nicole Pavlik
Linda Brown
Kelsi Lane
Robert Sewell
Jonathon Morrison
Sarah Clifford
With Nicole Pavlik + others
Recorded March 26, 2024
Product ID 97965

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Overview

Learn How to Handle Assets, Taxes, 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 and tax returns. 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.
  • Get practical guidance for post-mortem planning, trust administration, and tax hurdles.
  • Put the decedent's affairs to rest by making distributions, filing the final tax return, and completing the final accounting.
  • Discover how to litigate deed contests, lost or contested wills, fiduciary misconduct, and more.

Abbreviated Agenda

  1. Opening the Estate
  2. Preparing the Personal Representatives for the Job
  3. Handling Estate Closing, Final Accounting, and Tax Returns
  4. Addressing Creditor Claims
  5. Post-Mortem Tax Planning, Distributions, and Trust Administration
  6. Managing the Estate: Valuations, Spousal Share, and More
  7. Maintaining an Ethical Practice
  8. Resolving Disputes and Navigating Probate Litigation
Product ID 97965

Credit Details

Credits Available
Credit Status Total
Arizona 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. Handling Estate Closing, Final Accounting, and Tax Returns

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

    1. Managing the Tax Consequences of Elections and Receipt of Non-Probate Assets (e.g. IRA Distributions)
    2. Tax Implications of Transfers
    3. Creating Trusts and Subtrusts for Multiple Beneficiaries to Receive Their Shares of the Estate
    4. What to Do With Bequests and Trust Distributions to Minors
    5. Post-Mortem Tax Planning Approaches: How Much Maneuver Room is Left?
    6. How to Calculate the Omitted Spouse Share or Omitted Child Share
    7. Guarding Disabled Adult Beneficiaries' Benefits Eligibility
  6. 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
  7. 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
  8. Resolving Disputes and Navigating Probate Litigation

    1. Will Contests, Deed Contests, Allegations of Undue Influence and Other Causes of Action
    2. Obtaining Court Guidance for Proposed Actions Regarding the Estate Administration
    3. Probate Litigation Rules, Procedures, and Evidentiary Provisions
    4. Fiduciary Misconduct, Liability, Disputes with Beneficiaries
    5. Effective Approaches to Resolving Disputes Without Going to Court

Who Should Attend

This basic level online seminar is designed for:

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

Speakers

Nicole Pavlik
Nicole
Pavlik
Linda M Brown
Linda M.
Brown
Black Mountain Law Offices, PLLC
Kelsi T Lane
Kelsi T.
Lane
Frazer Ryan Goldberg & Arnold LLP
Robert N Sewell
Robert N.
Sewell
Davis Miles McGuire Gardner, PLLC
Jonathon M Morrison
Jonathon M.
Morrison
Frazer Ryan Goldberg & Arnold, LLP
Sarah M Clifford
Sarah M.
Clifford
Gallagher & Kennedy
Speaker bio
Nicole Pavlik

Nicole Pavlik

Nicole Pavlik

is a solo practitioner at her firm Nicole Pavlik Law Firm, PLC, where she practices estate planning, probate/trust administration, business formation, and contract review and preparation. She earned her B.S. degree from Arizona State University West and her J.D. degree from Phoenix School of Law. Ms. Pavlik is licensed to practice law in Arizona.

Speaker bio
Linda M Brown

Linda M. Brown

Black Mountain Law Offices, PLLC
Linda Brown

operates a solo practice law firm called Black Mountain Law Offices, PLLC, formerly known as Law Offices of Linda Marie Brown, PLLC, that offers a wide range of legal solutions from small businesses to individual legal challenges. Her areas of practice include, but are not limited to business formation, contract review, small business/civil litigation, landlord/tenant matters, personal injury, property damage (DIV claims), wills/trusts/powers of attorney, probate (wills/estates), mediation/arbitration, educator/trainer, and curriculum writer. Ms. Brown volunteers for various youth conferences and mediation competitions, as well as mock trial competitions, and provides pro bono legal services for the Disable American Veterans (DAV) Legal Clinic program. She earned her B.I.S. degree from Arizona State University and her J.D. degree from Thomas Jefferson School of Law. Ms. Brown is admitted to practice law in Arizona.

Speaker bio
Kelsi T Lane

Kelsi T. Lane

Frazer Ryan Goldberg & Arnold LLP
Kelsi Lane

is an attorney at Frazer Ryan Goldberg & Arnold LLP, where she works to ensure her clients receive prompt communication and expeditious resolution to their legal needs. A significant portion of her practice focuses on probate administration, probate litigation, trust administration, estate planning, and guardianship/conservatorship. Ms. Lane is on the Board of Governors for the State Bar of Arizona, vice chair of the Finance and Audit Committee, and Investment Sub-Committee Member. She is also a board member of the Arizona Foundation for Legal Services and Education, chair of the Public Relations Committee, and a member of the Junior League of Phoenix, Community Leadership and Organization Committee. Ms. Lane earned her B.A. degree from Arizona State University, her J.D. degree from Regent University School of Law and her master's degree from Grand Canyon University. She is licensed to practice law in Arizona and before the U.S. District Court, District of Arizona.

Speaker bio
Robert N Sewell

Robert N. Sewell

Davis Miles McGuire Gardner, PLLC
Robert Sewell

is a partner at Davis Miles McGuire Gardner PLLC located in Tempe, Arizona. His litigation experience involves cases in federal, state and administrative settings. Mr. Sewell also resolves disputes through mediation and arbitration, as well as bench and jury trials. He serves as a mediator for probate and trust litigation cases. Mr. Sewell earned his B.S. degree from University of Utah and his J.D. degree from Pennsylvania State University, Dickinson School of Law. He is a member of the State Bar of Arizona, on the Board of Directors of Tempe Chamber of Commerce, and past president and board member of East Valley Estate Planning Council. Mr. Sewell is licensed to practice law in Arizona and before the U.S. District Court, District of Arizona.

Speaker bio
Jonathon M Morrison

Jonathon M. Morrison

Frazer Ryan Goldberg & Arnold, LLP
Jonathon Morrison

is a senior partner at Frazer Ryan Goldberg & Arnold, LLP located in Phoenix, Arizona. His practice is focused on tax, business, and estate planning for clients with large or complex estates. Mr. Morrison is licensed in both Arizona and California, and is a certified specialist in estate planning, trust, and probate law in California. His professional memberships include the State Bar of Arizona, Probate and Trust Law Section and Tax Law Section; State Bar of California; Maricopa County Bar Association; Central Arizona Estate Planning Council; Valley Estate Planners; and Planned Giving Roundtable of Arizona. Mr. Morrison earned his B.S. degree, cum laude, from the University of Arizona Eller College of Management (accounting and finance) and his J.D. degree (taxation) from the University of California Hastings College of Law.

Speaker bio
Sarah M Clifford

Sarah M. Clifford

Gallagher & Kennedy
Sarah Clifford

is an attorney at Davis Miles McGuire Gardner, PLLC. She currently practices business and transactional law, with an emphasis on estate planning, probate, trust administration, business and entity formation, and commercial transactions. Ms. Clifford is a member of the State Bar of Arizona. She earned her B.A. degree from Brigham Young University and her J.D. degree, cum laude, from Brigham Young University, J. Reuben Clark Law School, before returning to her native Arizona to practice law. Ms. Clifford is admitted to practice law in Arizona.

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