OK Specific

Trusts, Estates & Probate

Oklahoma Probate Process from Start to Finish

Credits Available
Credit Status Total
Oklahoma CLE Approved 8 Total
OnDemand
6 hours 41 minutes
Donelle Ratheal
Steven Lewis
Norman Newmark
Bruce Powers
With Donelle H. Ratheal from Ratheal Family Law, P.C. + 3 others
Recorded September 18, 2024
Product ID 98807

Buy This Course

Course Includes
$389

OnDemand Video

Video Download

Course Book Download

or
Upgrade to Unlimited CLE and Get This Course
$129/month
All Inclusive CLE subscribers save an average of $3,000/year on CLE costs.

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

  1. Initial Filing in Probate Court and Estate Timeline
  2. Law of Intestate Succession
  3. Inventory and Appraisement
  4. Probate Property vs. Non-Probate Assets
  5. Handling Claims Against the Estate
  6. Tax Reporting and Post-Mortem Tax Matters
  7. Ethics
  8. Sale of Property and Distributions
  9. Final Accounting and Closing the Estate
  10. Probate Disputes and Litigation

Related Topics

Product ID 98807

Credit Details

Credits Available
Credit Status Total
Oklahoma CLE Approved 8 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Initial Filing in Probate Court and Estate Timeline

    1. Small Estate Administration
    2. Probate Court Procedure
    3. Estate Timetable/Checklist
    4. Formal vs. Informal Probate Administration
    5. Opening the Estate
      1. Petition for Probate and Administration and Notice of Hearing
      2. Required Notices (to Creditors, Heirs, DHS, IRS)
      3. Sample Forms
    6. What the Personal Representative Needs to Know and Do
    7. When is Ancillary Administration Necessary?

  2. 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

  3. 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

  4. Probate Property vs. Non-Probate Assets

  5. 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

  6. Tax Reporting and Post-Mortem Tax Matters

    1. Final Tax Returns Timeline, Forms and Filing Procedure
    2. Requesting Deadline Extensions
    3. Income Tax Considerations in Probate
      1. Selecting a Tax Year: Calendar or Fiscal?
      2. Decedent's Final Income Tax Return
      3. Estate Income Tax Return
      4. Tax on Income Earned by Estate after Decedent's Death
      5. Beneficiary Income Tax Considerations
    4. Estate and Gift Tax Considerations - When Do You Need to File Form 706?
    5. Proper Use of Disclaimers and Valuation Discounts
    6. Claiming Estate Tax Portability
    7. Coordinating with Decedent's Accounting or Investment Advisors

  7. 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

  8. 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

  9. 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

  10. 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
  • Tax Professionals
  • Trust Officers

Speakers

Donelle H Ratheal
Donelle H.
Ratheal
Ratheal Family Law, P.C.
Steven Lewis
Steven
Lewis
Steven Lewis, PLLC Attorney and Counselor at Law
Norman S Newmark
Norman S.
Newmark
McCarthy, Leonard & Kaemmerer, L.C.
Bruce N Powers
Bruce N.
Powers
Bruce N. Powers Attorney at Law
Speaker bio
Donelle H Ratheal

Donelle H. Ratheal

Ratheal Family Law, P.C.
Donelle Ratheal

is president of Ratheal Family Law, P.C., where she practices in the areas of domestic relations and probate litigation, trial, and appellate. She is a member of the Family Law sections for both the American and Oklahoma bar associations; as well as a member of the Canadian, Custer and Beckham County bar associations. Ms. Ratheal earned her B.M. degree from the University of Denver; her M.M. degree from the University of Texas at Austin; and her J.D. degree from the University of Oklahoma. Honors and awards include Lawyers of Distinction, Super Lawyers, and Top 10 Family Law Attorney.

View full profile
Speaker bio
Steven Lewis

Steven Lewis

Steven Lewis, PLLC Attorney and Counselor at Law
Steven Lewis

is the owner of Steven Lewis, PLLC Attorney and Counselor at Law, where he practices estate planning, trust administration, probates, guardianships, not-for-profit entities, and business planning. He has spoken at leadership conferences on not for profits, churches, and related liabilities across the country in 33 states. Mr. Lewis is admitted to practice in Oklahoma and before the U.S. District Court (all districts in Oklahoma), and a member of the Bar of United States Supreme Court. He is a member of the Oklahoma Bar Association (Estate Planning) and the Oklahoma County Bar Association. Mr. Lewis earned his B.A. degree from the University of Oklahoma, his J.D. degree from the University of Oklahoma College of Law, and his M.B.A. degree from the University of Oklahoma College of Law.

View full profile
Speaker bio
Norman S Newmark

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, and the American Bar Association (Section on Taxation); and is admitted to practice before the U.S. Tax Court.

View full profile
Speaker bio
Bruce N Powers

Bruce N. Powers

Bruce N. Powers Attorney at Law
Bruce Powers

has been in private practice for 38 years, the last 28 as a solo practitioner in Tulsa, Oklahoma. He received his BS from Oklahoma State University and his JD from the University of Oklahoma. He is a US Army veteran, having served as an Infantry Officer in the 101st Airborne Division. He has been a member of the American Inns of Court, judged college Moot Court competitions, and served as Adjunct Faculty at the University of Tulsa.

View full profile

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
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.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us