Trusts, Estates & Probate

WA Specific

4.6

Washington Probate Process from Start to Finish

Credits Available
Credit Status Total
Washington CLE Approved 6.75 Total
OnDemand
6 hours 42 minutes
Brad Englund
David Shotwell
Lenard Wittlake
Robert Hardy
Ann Riedel-Thomas
Maxwell Glasson
Amber Quintal
With Brad L. Englund from Larson Griffee & Pickett PLLC + 6 others
Recorded December 12, 2024
Product ID 99297

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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. Handling Claims Against the Estate
  4. Inventory and Appraisement
  5. Probate Disputes and Litigation
  6. Ethics
  7. Sale of Property and Distributions
  8. Final Accounting and Closing the Estate
  9. Tax Reporting and Post-Mortem Tax Matters
  10. Probate Property vs. Non-Probate Assets

Related Topics

Product ID 99297

Credit Details

Credits Available
Credit Status Total
Washington 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. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. Probate Property vs. Non-Probate Assets

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

Brad L Englund
Brad L.
Englund
Larson Griffee & Pickett PLLC
David B Shotwell
David B.
Shotwell
David Shotwell PLLC
Lenard L Wittlake
Lenard L.
Wittlake
Lenard L. Wittlake, PLLC
Robert Hardy
Robert
Hardy
Law Offices of Robert Hardy, P.C.
Ann Riedel-Thomas
Ann
Riedel-Thomas
The Law House PLLC
Maxwell B Glasson
Maxwell B.
Glasson
Williams Kastner
Amber K Quintal
Amber K.
Quintal
Ogden Murphy Wallace P.L.L.C.
Speaker bio
Brad L Englund

Brad L. Englund

Larson Griffee & Pickett PLLC
Brad Englund

is of counsel in the law firm of Larson Griffee & Pickett PLLC, located in Yakima, Washington. He practices in the areas of estate planning, probate, trusts, guardianship, business transactions, real estate and litigation. Mr. Englund has practiced law for 40 years. He holds a B.S. degree in accounting and a J.D. degree, both from Brigham Young University.

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Speaker bio
David B Shotwell

David B. Shotwell

David Shotwell PLLC
David Shotwell

earned his Juris Doctorate from Gonzaga University School of Law. Since 2005, David has owned and his operated his own practice in the areas of Elder Law, Probate, Wills/Estates & Trusts, Guardianships, Medicaid & Long-Term Care Planning, and all forms of Litigation arising out of those practices. He is a frequent lecturer at continuing legal education courses for Attorneys, Accountants, and Paralegals. In addition to operating his practice, David is the Program Director of the Paralegal program and a full time Paralegal Instructor at Spokane Community College in Spokane, Washington. David has published a book on estate administration. Principles of Wills, Trusts, & Estate Administration. Innovative Ink Publishing. 2023. Print ISBN: 979-8-7657-8603-1. eBook ISBN: 979-8-7657-8604-8.

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Speaker bio
Lenard L Wittlake

Lenard L. Wittlake

Lenard L. Wittlake, PLLC
Lenard Wittlake

is a solo practitioner in Walla Walla. He practices in the areas of probate, estate planning, and business matters. Mr. Wittlake was a certified public accountant before becoming an attorney. He has been licensed in Washington since 1985 where he has worked as a tax CPA and attorney. Mr. Wittlake is also licensed in Idaho, where he served as a deputy attorney general specializing in multistate corporate income tax. He earned his B.S.B.A. and J.D. degrees from the University of Montana.

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Speaker bio
Robert Hardy

Robert Hardy

Law Offices of Robert Hardy, P.C.
Robert Hardy

is a solo practitioner at the Law Offices of Robert Hardy, P.C. He prepares wills, powers of attorney, living trusts, complex trusts, college plans, real estate limited liability companies, and business formations. In addition to estate planning, Mr. Hardy provides probate and trust administrative services. He earned a bachelor's degree from the University of Washington and a J.D. degree from Willamette University. Captain Robert Hardy served in the United States Marine Corps from 1981 through 1992. He is active in a number of professional organizations including the King County Bar Association, a Section member of the Estate Planning and Guardianship Professionals. Mr. Hardy is admitted to practice law in Washington.

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Speaker bio
Ann Riedel-Thomas

Ann Riedel-Thomas

The Law House PLLC
Ann Riedel-Thomas

is the principal attorney and owner of THE LAW HOUSE PLLC, serving Central Washington for 25+ years in the areas of trusts and estates, probate, and business law. Ms. Riedel-Thomas has practiced law in the public and private sectors, for large and small firms, and served as an administrative law judge. Like the firm’s historic 1910 building which speaks to knowledge and tradition, Ms. Riedel-Thomas focuses on providing quality legal services to families and businesses.

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Speaker bio
Maxwell B Glasson

Maxwell B. Glasson

Williams Kastner
Maxwell Glasson

is of counsel at Williams Kastner. He focuses on real estate, business, estate planning and probate. Mr. Glasson's practice spans both the litigation and transactional sides of matters, leading with a pragmatic approach of avoiding pit-falls at the outset of a transaction and aggressively enforcing his client's rights in litigation. He earned his bachelor's degree from the University of Washington and his J.D. degree from Santa Clara University School of Law. Mr. Glasson is a member of the Washington State Bar Association and Rental Housing Association of Washington. He is admitted to practice law in Washington, Nevada and California.

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Speaker bio
Amber K Quintal

Amber K. Quintal

Ogden Murphy Wallace P.L.L.C.
Amber Quintal

is a member of Ogden Murphy Wallace P.L.L.C. She is in the firm's business department and tax practice group. Ms. Quintal's practice includes federal, state and local taxation; general business for public and private sector clients; and estate planning for high-net-worth individuals, professionals and business owners. Her practice encompasses tax efficient planning for individuals and businesses throughout the entire business lifecycle, defending taxpayers before both the IRS and the Washington Department of Revenue in audits and administrative appeals, wealth transfer planning for high-net-worth individuals and business owners, and tax-exempt organization advice and planning. Ms. Quintal's clients include high-net-worth individuals; business owners; professionals and key employees; closely held corporations, partnerships and limited liability companies; municipalities; and tax-exempt entities including hospitals, schools, other public charities and private foundations. Since 2014, she has also taught federal tax research and writing as a part-time lecturer for the University of Washington School of Law Graduate Tax Program (LL.M.), and Federal Tax Research and Decision Making for the Golden Gate University Masters in the Taxation Program. Ms Quintal is a member of the Washington State and American bar associations, and the Estate Planning Council of Seattle. She earned her B.A. degree the University of Washington, her J.D. and M.B.A. degrees concurrently from the University of Washington School of Law and the University of Washington Foster Business School, and her LL.M. degree in taxation also from the University of Washington School of Law.

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