IL Specific

Trusts, Estates & Probate

Illinois Probate Process from Start to Finish

Credits Available
Credit Status Total
Illinois CLE Approved 6.5 Total
OnDemand
6 hours 35 minutes
Terrence Benshoof
Sandra Mertens
Madeleine Minton
Andrew Willis
Adam Ansari
With Terrence J. Benshoof from Calabrese Associates, P.C. + 4 others
Recorded March 21, 2025
Product ID 99797

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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 99797

Credit Details

Credits Available
Credit Status Total
Illinois CLE Approved 6.5 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

Terrence J Benshoof
Terrence J.
Benshoof
Calabrese Associates, P.C.
Sandra D Mertens
Sandra D.
Mertens
Gensburg, Calandriello & Kanter, P.C.
Madeleine J Minton
Madeleine J.
Minton
Harrison LLP
Andrew Willis
Andrew
Willis
Ice Miller LLP
Adam M Ansari
Adam M.
Ansari
Clark Hill LLP
Speaker bio
Terrence J Benshoof

Terrence J. Benshoof

Calabrese Associates, P.C.
Terrence Benshoof

holds a J.D. degree and a Master of Law in taxation from De Paul University. He has over 50 years of experience in a variety of family, taxation and business law areas. Mr. Benshoof is of counsel to the firm of Calabrese Associates, P.C. in Warrenville, Illinois. As a practitioner, he has focused in the family law area, on matters concerning divorce actions involving military spouses, military pay and benefit issues, retired pay division, and application of the Service Members Civil Relief Act. Mr. Benshoof has lectured on these topics to the Chicago, DuPage and Will County bar associations in Illinois, and for National Business Institute in local and national webcast seminars. He also practices in the areas of general taxation, business tax planning, trusts and estates, real estate, and commercial litigation. Mr. Benshoof has published numerous articles on military issues in family law and on property taxation. A retired Lieutenant Colonel in the Army Reserve, Judge Advocate General's Corps, he served as National Judge Advocate (general counsel) for the 45,000 member Reserve Organization of America, and has served on its Board of Directors for five years. Mr. Benshoof served as Referendary General (chief judge of the Tribunal) of the Sovereign Military Order of the Temple of Jerusalem for eight years. He also serves as vice president of the Board of Directors of the Midwest Shelter for Homeless Veterans in Wheaton, Illinois.

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Speaker bio
Sandra D Mertens

Sandra D. Mertens

Gensburg, Calandriello & Kanter, P.C.
Sandra Mertens

is a partner in the law firm of Gensburg, Calandriello & Kanter, P.C., where she is known for her diverse skill set, practicing in the areas of federal and state tax controversy and consulting, offshore account disclosures, estate planning, probate, estate and trust administration, general business law, and commercial litigation. Ms. Mertens has negotiated many tax resolutions with the IRS and Illinois Department of Revenue, reducing her clients' overall tax liabilities and helping them lower their monthly payment. Since 2008, she has served as a monthly contributor to Debits and Credits, a newsletter published by the Independent Accountants Association of Illinois. Ms. Mertens is also a member of the CBA's State and Local Tax Committee, and has lectured and prepared seminar materials for accountant and attorney education on a variety of topics, including offers in compromise, trust fund recovery penalties, IRS Voluntary Classification Settlement Program for workers, foreign reporting requirements, and the IRS' Offshore Voluntary Disclosure Program and compliance procedures. In addition, she assists large and small businesses with all stages of their business, from formation of an entity to contracts to employee issues, and dissolution. Ms. Mertens earned her B.A. degree, cum laude, from Trinity International University and her J.D. degree, with honors, from Chicago-Kent College of Law, Illinois Institute of Technology. She is admitted to the Illinois State Bar Association, U.S. District Court for the Northern District of Illinois, United States Bankruptcy Court and United States Tax Court. Ms. Mertens has also been admitted pro hac vice in the District Court for the District of Columbia and New York State Court.

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Speaker bio
Madeleine J Minton

Madeleine J. Minton

Harrison LLP
Madeleine Minton

is a partner in the Chicago office of Harrison LLP. She counsels individuals, family groups, and owners of privately held businesses in their estate, tax, and business succession planning and philanthropic endeavors. Ms. Minton's practice focuses on three essential and complementary components of private client practice: estate planning, administration, and litigation. Whether assisting clients with estate planning, administration or litigation matters, clients appreciate her ability to distill complicated legal concepts and her commitment to making sure clients feel supported in their decisions. Ms. Minton earned her B.S. and MPH degrees from Tulane University and her J.D. degree from Chicago-Kent College of Law.

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Speaker bio
Andrew Willis

Andrew Willis

Ice Miller LLP
Andrew Willis

is an attorney in the Chicago office of Ice Miller LLP. He assists clients with estate planning, probate, estate and trust administration, and estate contest litigation. Mr. Willis has also worked with nonprofit clients and has experience with contracts, business transactions, trademarks and copyright issues, and land use/zoning matters. He earned his undergraduate degree from Liberty University and his J.D. degree from Chicago-Kent College of Law. Mr. Willis is a member of the Chicago Bar Association, Illinois Bar Association, Christian Legal Society and the Federalist Society.

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Speaker bio
Adam M Ansari

Adam M. Ansari

Clark Hill LLP
Adam Ansari

is a member of the Clark Hill LLP office in Chicago, Illinois. He advises clients on tax, estate planning, and business structuring matters, concentrating on the representation of clients in IRS disputes and other tax related litigation. Often advising on federal income, estate, and gift tax planning issues, Mr. Ansari also develops and implements strategies, structures, and plans for businesses and families to maximize tax savings while avoiding or resolving tax related disagreements and questions. In his estate planning practice, he assists families on the design and implementation of comprehensive estate plans, including the preparation of wills, revocable trusts, irrevocable trusts, and special needs trusts, as well as gift agreements, charitable trusts, private foundations, and family limited partnerships. Experienced with advising international families and international assets, Mr. Ansari is experienced with advising and drafting on the unique and complicated issues affecting international families and the protection of U.S. and non-U.S. held assets. He also helps fiduciaries and beneficiaries navigate through the often-complicated trust and estate administration processes, and regularly assists clients with probate court proceedings. Mr. Ansari earned his B.A. degree from Boston University, his M.B.A. degree from Dominican University, his J.D. degree from University of Illinois Chicago School of Law and his LL.M. degree from Northwestern University Pritzker School of Law.

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