CA Specific

Trusts, Estates & Probate

4.42

California Probate Process from Start to Finish

Credits Available
Credit Status Total
California CLE Approved 6.75 Total
OnDemand
6 hours 49 minutes
Christin Miyahira
Kendall VanConas
Christine Beraldo
Alexander Winkle
Uzzell Branson
Dianna Wilke
Vanessa Terzian
With Christin A. Miyahira from Hanh N. Archer, A Professional Corporation + 6 others
Recorded November 06, 2024
Product ID 99178

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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 99178

Credit Details

Credits Available
Credit Status Total
California 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

Christin A Miyahira
Christin A.
Miyahira
Hanh N. Archer, A Professional Corporation
Kendall A VanConas
Kendall A.
VanConas
Arnold LaRochelle Mathews VanConas & Zirbel LLP
Christine F Beraldo
Christine F.
Beraldo
Christine F. Beraldo, Attorney at Law
Alexander C Winkle
Alexander C.
Winkle
Henderson, Caverly & Pum LLP
Uzzell S Branson IV
Uzzell S.
Branson, IV
RMO LLP
Dianna M Wilke
Dianna M.
Wilke
Law Office of Dianna M. Wilke
Vanessa M Terzian
Vanessa M.
Terzian
Lagerlof, LLP
Speaker bio
Christin A Miyahira

Christin A. Miyahira

Hanh N. Archer, A Professional Corporation
Christin Miyahira

is a paralegal at Hanh N. Archer, A Professional Corporation located in Torrance, California. She practices estate planning, trust administration, probate, and business succession planning. Ms. Miyahira earned her bachelor's degree from California State University - Long Beach and her paralegal certificate from Cerritos College.

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Speaker bio
Kendall A VanConas

Kendall A. VanConas

Arnold LaRochelle Mathews VanConas & Zirbel LLP
Kendall VanConas

is a partner with Arnold LaRochelle Mathews VanConas & Zirbel, where her practice includes estate planning, probate and trust administration, conservatorships and elder law. She is a specialist in estate planning, probate and trust law, as certified by the State Bar of California, Board of Legal Specialization. Ms. VanConas regularly serves as a judge pro tem in the Ventura County Superior Court, and has been actively involved with the Ventura County Bar Association (VCBA) since the early years of her practice, including service as VCBA president (2010), and as chair of the VCBA Probate & Estate Planning Section. She obtained her bachelor's degree from the University of California at Los Angeles, her law degree from Southwestern University School of Law, and her Master's degree in taxation from Golden Gate University.

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Speaker bio
Christine F Beraldo

Christine F. Beraldo

Christine F. Beraldo, Attorney at Law
Christine Beraldo

is a sole practitioner in San Jose, California, where she practices in the areas of estate planning, including trusts and estates, wills, probate and conservatorships, and criminal defense. Ms. Beraldo earned her B.A. degree from Notre Dame de Namur University and her J.D. degree from the University of Santa Clara.

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Speaker bio
Alexander C Winkle

Alexander C. Winkle

Henderson, Caverly & Pum LLP
Alexander Winkle

is a senior associate in the estates and trusts group at Henderson, Caverly & Pum LLP, where he assists clients in estate planning, estate and trust administration, and a variety of tax-related matters. Mr. Winkle obtained both his J.D. and tax LL.M. degrees in 2015, with honors, from Loyola Law School of Los Angeles. During law school, he clerked for the Internal Revenue Service and the Franchise Tax Board. Mr. Winkle earned his B.A. degree in political science and his B.F.A. degree in film production from Chapman University, both with University Honors, cum laude. Prior to joining Henderson, Caverly & Pum LLP, he was an associate attorney at Schwartz Law Group, Inc. from 2016-2021, where he designed, drafted, and implemented comprehensive federal, state, and international tax planning; estate planning; and business planning for businesses and individuals with a focus on control, growth, profitability, protection of assets and succession planning. Mr. Winkle also represented clients in probate matters before the California Superior Court. He is a certified specialist in both estate planning, trust and probate law, as well as taxation law by the State  Bar of California Board of Legal Specialization; and served on the board of several non-profit organizations, including Habitat for Humanity Monterey Bay.

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Speaker bio
Uzzell S Branson IV

Uzzell S. Branson, IV

RMO LLP
Uzzell Branson

is a senior attorney in RMO LLP's San Diego office. Mr. Branson brings over a decade of experience in probate litigation. His practice focuses on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in litigated probate, contested conservatorship, and financial elder abuse cases. Mr. Branson earned his B.A. degree in philosophy from the University of California and his J.D. degree from the University of San Diego School of Law. He is a member of the San Diego County Superior Court Bench-Bar Committee; San Diego County Bar Association; member at large, Los Angeles County Bar Association; Probate Attorneys of San Diego; board member; Southwestern College Paralegal Advisory Board; and a volunteer settlement officer, San Diego Superior Court. He is admitted to practice in California.

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Speaker bio
Dianna M Wilke

Dianna M. Wilke

Law Office of Dianna M. Wilke
Dianna Wilke

is a sole practitioner with an office in Roseville, where she focuses her practice on estate planning, probate, and trust administration. She is certified as a specialist in estate planning, trust and probate law, by the State Bar of California Board of Legal Specialization. Ms. Wilke is a frequent lecturer on various estate planning subjects for legal associations, including the California State Bar. She is a past chair of the California State Bar Exempt Organization Committee and a member of the Trusts and Estates Section of the California State Bar. Ms. Wilke earned her B.A. degree from Arizona State University, her J.D. degree from Southwestern University School of Law and her LL.M. degree in estate planning from the University of Miami School of Law and a subsequent LL.M. degree in taxation from the University of Alabama School of Law.

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Speaker bio
Vanessa M Terzian

Vanessa M. Terzian

Lagerlof, LLP
Vanessa Terzian

is an attorney with Lagerlof, LLP, focusing her practice in estate and tax planning, asset protection, elder law, probate and trust administration. She also draws on her real estate and business background in crafting comprehensive plans for her clients. Ms. Terzian is a skilled public speaker, having conducted countless seminars throughout her legal career on various topics of estate planning; including special needs planning, advanced tax planning, and asset protection for individuals and small businesses. She is a faculty member at the Institute for Preparing Heirs and an adjunct professor of wills and trusts at Southwestern Law School. Ms. Terzian earned her bachelor's degree, magna cum laude, from the University of California San Diego and her law degree from Loyola Law School (dean's honors list).

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