Trusts, Estates & Probate

TX Specific

4.53

Texas Probate Process from Start to Finish

Credits Available
Credit Status Total
Texas CLE Approved 6.75 Total
OnDemand
6 hours 28 minutes
Blanche Smith
William Hayes
Aubrey Boswell
Don Ford
Evaleen Davis
Tyriece Hampton
With Blanche D. Smith from The Law Firm of Blanch D. Smith, P.C. + 5 others
Recorded September 30, 2024
Product ID 98808

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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

  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 98808

Credit Details

Credits Available
Credit Status Total
Texas CLE Approved 6.75 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. Proper Use of Disclaimers and Valuation Discounts
    5. Claiming Estate Tax Portability
    6. Estate and Gift Tax Considerations - When Do You Need to File Form 706?
    7. Coordinating with Decedent's Accounting or Investment Advisors
    8. GST Tax Implications
    9. Handling Common Property Tax Issues

  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

Blanche D Smith
Blanche D.
Smith
The Law Firm of Blanch D. Smith, P.C.
William R Hayes
William R.
Hayes
Hayes & Wilson, PLLC
Aubrey P Boswell
Aubrey P.
Boswell
Boswell PLLC
Don D Ford III
Don D.
Ford, III
Ford + Bergner LLP
Evaleen M Davis
Evaleen M.
Davis
Law Office of Evaleen M. Davis
Tyriece Hampton
Tyriece
Hampton
Carpenter & Associates
Speaker bio
Blanche D Smith

Blanche D. Smith

The Law Firm of Blanch D. Smith, P.C.
Blanche Smith

is an attorney/principal at The Law Firm of Blanche D. Smith, P.C. Her practice focuses on wills, trusts and estate planning, probate, guardianships, elder law, and special needs and asset protection. Ms. Smith earned her B.A. from the University of North Carolina at Chapel Hill and her J.D. from South Texas College of Law Houston. She is a member of the Real Estate, Probate and Trust Law Section of the State Bar of Texas; and the Probate, Trusts and Estates Section of the Houston Bar Association. Ms. Smith is admitted to practice in the Texas county and state courts, the District Court for the Southern District of Texas, and the United States Fifth Circuit Court of Appeals.

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Speaker bio
William R Hayes

William R. Hayes

Hayes & Wilson, PLLC
William Hayes

is a partner in the law firm of Hayes & Wilson, PLLC. He is a frequent speaker on estate planning, wills and trusts, probate, charitable gifting, disability planning, elder law and Medicaid. Mr. Hayes has served the Houston Bar Association as co-chair of the Elder Law Committee, and chair of the Fee Dispute Committee for which he was honored with the HBA Presidents Award. He is board-certified in estate planning and probate by the Texas Board of Legal Specialization. Mr. Hayes is a member of the State Bar of Texas, Houston Estate and Financial Forum, Houston Business and Estate Planning Council, Attorneys in Tax and Probate, and Disability and Elder Law Attorneys Association. He earned his B.B.A. and J.D. degrees from the Southern Methodist University.

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Speaker bio
Aubrey P Boswell

Aubrey P. Boswell

Boswell PLLC
Aubrey Boswell

is an attorney with Boswell PLLC in Dallas. Mr. Boswell was drawn to the practice of estate planning and probate when he realized the importance these areas hold in everyone's lives. He values helping clients leave a meaningful legacy and helping to protect that legacy after a loved one passes away. His legal experience has been amplified by his accounting background. Boswell PLLC is one of a very select group of attorneys in the state of Texas who holds both a law license and CPA license. His practice focuses on estate planning, probate, and trust matters. Mr. Boswell earned his Bachelors of Business Administration, Accounting from Southern Methodist University; and his J.D. degree from SMU Dedman School of Law.

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Speaker bio
Don D Ford III

Don D. Ford, III

Ford + Bergner LLP
Don Ford

is the managing partner with the law firm of Ford + Bergner LLP, and is board-certified in estate planning and probate. He has lectured to various professional groups on tax and estate planning, probate, and guardianships topics, and practices exclusively in these areas. In 2014, Mr. Ford was appointed by the chief justice of the Texas Supreme Court to serve as a commissioner on the Judicial Branch Certification Commission as a subject-matter expert in the area of guardianships. Additionally, he served from 2006 to 2014 on the Texas Guardianship Certification Board, where he served as the vice-chair of the committee and chaired the Rules Committee. Mr. Ford has also served on the editorial board of the Houston Lawyer Magazine, and the Board of Trustees for the Houston Lawyer Referral Service. He is a member of the Probate, Trusts and Estates sections of both the Houston and Dallas bar associations. Mr. Ford earned his B.B.A. and J.D. degrees from Baylor University and worked on his Masters in taxation while in law school.

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Speaker bio
Evaleen M Davis

Evaleen M. Davis

Law Office of Evaleen M. Davis
Evaleen Davis

is the principal of the Law Office of Evaleen M. Davis in Plano. She focuses in estate planning, probate and tax planning, including compliance for exempt organizations, as well as asset protection. Ms. Davis is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. She has previously lectured on claims procedures in probate and is a frequent lecturer at the Dallas Police and Fire Pension System Pre-Retirement programs. Ms. Davis earned her B.A. degree from the University of Texas at Arlington and her J.D. degree from Texas Tech University School of Law.

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Speaker bio
Tyriece Hampton

Tyriece Hampton

Carpenter & Associates
Tyriece Hampton

is a probate attorney at Carpenter & Associates in Dallas, TX. Mr. Hampton earned his undergraduate degree from Texas Tech University and his J.D. degree from Texas Southern University’s Thurgood Marshall School of Law. He has served as the guest speaker at estate planning seminars put on by his family funeral business in Amarillo, Texas.

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