GA Specific

Trusts, Estates & Probate

4.21

Georgia Probate Process from Start to Finish

Credits Available
Credit Status Total
Georgia CLE Approved 6.5 Total
New York CLE Approved 8 Total
OnDemand
6 hours 28 minutes
Paul Hamilton
Shannan Collier Stalvey
April Lash
R. Ann Grier
Ada Akpati
Debra Scott
Hugh Wood
With Paul W. Hamilton from Hamilton Trust Estate & Elder Law + 6 others
Recorded September 23, 2024
Product ID 99461

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

Related Topics

Product ID 99461

Credit Details

Credits Available
Credit Status Total
Georgia CLE Approved 6.5 Total
New York 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. 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

  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. 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

  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

Paul W Hamilton
Paul W.
Hamilton
Hamilton Trust Estate & Elder Law
Shannan Collier Stalvey
Shannan
Collier Stalvey
The Law Office of Shannan S. Collier, P.C.
April L Lash
April L.
Lash
The Wynn Lash Law Office, LLC
R. Ann Grier
R. Ann
Grier
Stites & Harbison, PLLC
Ada Akpati
Ada
Akpati
Sovran Law Firm P.C.
Debra L Scott
Debra L.
Scott
The Scott Practice, LLC
Hugh C Wood
Hugh C.
Wood
Wood & Meredith LLP
Speaker bio
Paul W Hamilton

Paul W. Hamilton

Hamilton Trust Estate & Elder Law
Paul Hamilton

is owner and founder of Hamilton Trust Estate & Elder Law. He earned his B.S. degree from the University of North Georgia and his J.D. degree from Walter F. George School of Law, Mercer University. Mr. Hamilton is admitted to practice in the following courts: United States Court of Federal Claims, U.S. District Court for Middle District of Georgia, Georgia Supreme Court and Court of Appeals, and all state courts in Georgia. He is a member of the Lowndes County Bar Association and the State Bar of Georgia.

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Speaker bio
Shannan Collier Stalvey

Shannan Collier Stalvey

The Law Office of Shannan S. Collier, P.C.
Shannan Collier Stalvey

is a principal at The Law Office of Shannan S. Collier, P.C. in Atlanta, where her practice is primarily in the areas of tax and estate planning, and business and franchise law. Ms. Stalvey is a member of The Florida Bar and the State Bar of Georgia, and maintains clientele in both states. She is also a Tax Section member. Ms. Stalvey earned her B.B.A. degree from the University of North Florida in Jacksonville. She attended Cumberland School of Law, where she simultaneously earned her J.D. and M.B.A. degrees; and Emory University School of Law, where she earned her Master of Laws degree in taxation.

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Speaker bio
April L Lash

April L. Lash

The Wynn Lash Law Office, LLC
April Lash

is the owner and founder of The Wynn Lash Law Office, LLC, located in Atlanta. She practices in the areas of trusts and estates, wills, business law, and real estate. Ms. Lash is a member of the State Bar of Georgia and the New York State Bar Association, as well as the GABWA. She is admitted to practice in New York, Georgia, Northern District Court of Georgia and Supreme Court of Georgia. Although running a business takes a huge amount of time, Ms. Lash remains committed to serving by volunteering for the McDonough Veteran's Association. She has a non-profit for abandoned children. Ms. Lash also is an educator that enjoys teaching young adults, as well as teaching her peers through CLE programs. She was recognized in the 2020 Atlanta Magazine People You Need to Know Business Guide. Ms. Lash also received recognition as a Rising Attorney in 2021 from Atlanta Magazine. She earned her B.A. degree from University of California at Berkeley; her M.S. degree in public policy and management administration from Carnegie Mellon University; and her J.D. degree from Jacob D. Fucsberg School of Law at Touro College.

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Speaker bio
R. Ann Grier

R. Ann Grier

Stites & Harbison, PLLC
R. Ann Grier

is a member of the trusts and estates service group in the Atlanta office of Stites & Harbison, PLLC. She brings many years of experience representing and advising clients in a variety of personal and business matters, including estate planning, trusts, contract negotiation, employment law, and alternative dispute resolution. Ms. Grier has conducted bench and jury trials in state and federal courts involving estate and probate litigation, commercial contract disputes and general business matters. She earned her B.A. and J.D. degrees from the University of Georgia. Ms. Grier is a member of the State Bar of Georgia and the Atlanta Bar Association.

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Speaker bio
Ada Akpati

Ada Akpati

Sovran Law Firm P.C.
Ada Akpati

is a solo practitioner at Sovran Law Firm P.C. She focuses her practice on residential real estate transactions, navigating the intricacies of commercial real estate deals, providing expert guidance on contract law matters, and offering support in understanding the complexities of tax sales deeds. Ms. Akpati also provides support in making end-of-life plans and can help businesses create and enforce solid contracts. She earned her M.B.A. degree from Georgia State University, her L.L.B. degree from University of Nigeria, and her LL.M. degree from Atlanta John Marshall Law School. Ms. Akpati is admitted to practice law in Georgia.

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Speaker bio
Debra L Scott

Debra L. Scott

The Scott Practice, LLC
Debra Scott

is the sole practitioner with The Scott Practice, LLC, where she represents clients concerning estates and trusts matters and fiduciary disputes. With more than 20 years of experience handling fiduciary matters, Ms. Scott introduced a new nonprofit consulting division to the law firm called SP Consulting. She has a law, public health and accounting background. Ms. Scott earned her bachelor's degree from the University of California, Riverside, and studied accounting post-baccalaureate at Clayton State University where she was conferred membership into the Golden Key Honor Society and her J.D. degree from Syracuse University College of Law, and her master's degree from Emory University. Ms. Scott has worked with various nonprofit organizations such as The Emory Clinic, Nature Abounds, Clayton County Family Care and the National Association of Chronic Disease Directors.

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Speaker bio
Hugh C Wood

Hugh C. Wood

Wood & Meredith LLP
Hugh Wood

is a partner in the law firm of Wood & Meredith LLP. He has resolved real estate litigation matters and probate litigation matters for over two decades in Georgia. Mr. Wood is also of counsel to Merolla & Gold, LLP, where they maintain a fiduciary litigation practice in Florida. He earned his B.S. degree from Auburn University, his J.D. degree from the University of Alabama, and his LL.M. degree from Emory University. Mr. Wood is a member of the State Bar of Georgia, Virginia State Bar, and The West Virginia State Bar, and is past president of the Atlanta Bar Association's Real Estate Section.

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