Missouri Probate Process from Start to Finish

MO Specific

Trusts, Estates & Probate

4.5

Missouri Probate Process from Start to Finish

Credits Available

Credit	Status	Total	Until
Illinois CLE	Approved	6.5 Total	06-19-2026
Missouri CLE	Approved	6 Total	06-20-2026

OnDemand

6 hours 24 minutes

With Cort MacBeth Smith from Smith Estates & Trusts, LLC + 4 others

Recorded June 20, 2024

Product ID 98351

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, 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
Handling Claims Against the Estate
Ethics
Sale of Property and Distributions
Final Accounting and Closing the Estate
Probate Disputes and Litigation

Agenda

All times are shown in

Initial Filing in Probate Court and Estate Timeline
1. Small Estate Administration
2. Probate Court Procedure
3. Estate Timetable/Checklist
4. Supervised vs. Unsupervised Probate Administration
5. Opening the Estate
  1. Petition for Probate and Administration and Notice of Hearing
  2. Required Notices (to Creditors, Heirs, Legatees/Devisees, IRS)
  3. Sample Forms
6. What the Personal Representative Needs to Know and Do
7. When is Ancillary Administration Necessary?
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
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
Probate Property vs. Non-Probate Assets
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
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
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
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
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
Trust Officers

Speakers

Cort MacBeth

Smith

Smith Estates & Trusts, LLC

Isaac J.

Bressler

Pontello & Bressler, LLC

Norman S.

Newmark

McCarthy, Leonard & Kaemmerer, L.C.

Allen G.

Rose

The Law Offices of Allen G. Rose, PC

James

Owen

Renew Missouri

Speaker bio

Norman S. Newmark

McCarthy, Leonard & Kaemmerer, L.C.

Norman Newmark

is a partner in McCarthy, Leonard & Kaemmerer, L.C., a firm based in Town and Country, St. Louis County, Missouri. He focuses his practice on tax and related corporate matters, probate, estate planning, and business succession. Mr. Newmark represents individuals and businesses in tax controversies before the Internal Revenue Service, state tax departments, and various tax tribunals, including the U.S. Tax Court. He also represents individuals and corporate trustees in probate administration and litigation cases. Mr. Newmark has published articles in periodicals such as The Banking Law Journal, the Journal of the Missouri Bar, University of Missouri Business, Entrepreneurship & Tax Law Review, and Oklahoma Bar Journal on various tax related topics, including mergers and acquisitions; the new IRS audit and collection rules for partnerships; powers of appointment in estate planning; interstate sales and use taxation after the supreme Court decision in South Dakota v. Wayfair; and the tax aspects of federal healthcare laws. He is a frequent lecturer at local and national continuing education events for attorneys and accountants. As a member of The Missouri Bar's Probate and Trust Division, Mr. Newmark drafted key provisions of the Missouri Uniform Powers of Appointment Act enacted into law by the Missouri General Assembly. He provides pro bono legal services to several charities and was listed in The Missouri Bar Pro Bono Wall of Fame for 2011 and 2013 for his charitable efforts; and received the Lifetime Achievement Award for his service to Heat Up St. Louis, Inc., a regional non-profit organization. Mr. Newmark earned his B.A. degree, cum laude, from Boston University; and both his J.D. degree (Order of the Coif) and LL.M. degree in taxation from the Washington University School of Law. He is a member of The Missouri Bar, Oklahoma Bar Association, the American Bar Association (Section on Taxation), and is admitted to practice before the U.S. Tax Court.

View full profile

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.

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