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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.
- Learn what common closing mistakes can allow the estate to be re-opened, and how to avoid them.
Abbreviated Agenda
- Initial Filing in Probate Court and Estate Timeline
- Ethics
- Law of Intestate Succession
- Inventory and Appraisement
- Probate Property vs. Non-Probate Assets
- Handling Claims Against the Estate
- Tax Reporting and Post-Mortem Tax Matters
- Final Accounting and Closing the Estate
- Probate Disputes and Litigation
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Indiana CLE |
|
6.7 Total | 03-25-2026 |
Select Jurisdiction
CLE
Agenda
-
Initial Filing in Probate Court and Estate Timeline
- Small Estate Administration
- Probate Court Procedure
- Estate Timetable/Checklist
- Formal vs. Informal Probate Administration
- Opening the Estate
- Petition for Probate and Administration and Notice of Hearing
- Required Notices (to Creditors, Heirs, DHS, IRS)
- Sample Forms
- What the Personal Representative Needs to Know and Do
- When is Ancillary Administration Necessary?
-
Ethics
- Who is Your Client? Avoiding Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Malpractice Liability Risks
- Negligence
- Breach of Fiduciary Duty
- Fraud
-
Law of Intestate Succession
- Who Can Inherit - Degrees of Kinship and Order of Inheritance
- Determining the Share Size
- Exceptions and Bars to Inheritance
-
Inventory and Appraisement
- Locating Insurance Policies, Deeds and Other Ownership Documents
- Obtaining a Tax ID and Marshaling Property
- Preparing the Inventory and Appraisal Forms
- Dealing with the Probate Referee
- Managing Decedent's Assets During Probate
- Handling Common Valuation Issues
- When to Hire a Valuation Specialist or Appraiser
-
Probate Property vs. Non-Probate Assets
-
Handling Claims Against the Estate
- Required Creditor Notice
- Determining Priority of Claims
- Allowing and Rejecting Claims, and Paying Them
- Handling Lawsuits Against the Estate and the Decedent
- Insolvency Issues
-
Tax Reporting and Post-Mortem Tax Matters
- Final Tax Returns Timeline, Forms and Filing Procedure
- Requesting Deadline Extensions
- Income Tax Considerations in Probate
- Selecting a Tax Year: Calendar or Fiscal?
- Decedent's Final Income Tax Return
- Estate Income Tax Return
- Tax on Income Earned by Estate after Decedent's Death
- Beneficiary Income Tax Considerations
- Proper Use of Disclaimers and Valuation Discounts
- Claiming Estate Tax Portability
- Estate and Gift Tax Considerations - When Do You Need to File Form 706?
- Coordinating with Decedent's Accounting or Investment Advisors
- GST Tax Implications
-
Final Accounting and Closing the Estate
- Estate Accounting Procedure
- Closing Certificate for Fiduciaries
- Closing Decedent's Remaining Accounts
- Personal Representative and Attorney Compensation
- Extraordinary Services Compensation
- When Reopening the Estate is Warranted
-
Probate Disputes and Litigation
- Fiduciary Liability – Personal Representative and POA considerations
- Removal of Personal Representative and Appointment of Special Administrator
- Will Contests – Pitfalls and Pointers
- Filing Requirements
- Multiple Wills
- Common Attacks and Defenses
- Expert Considerations
- Recovery of Attorneys’ Fees
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 and trust officers.
Speakers
Speaker bio
Tracy A. Coleman
is the owner of Coleman Law Group LLC, located in Gary, Indiana. She has more than 21 years of experience and a diverse law practice. Ms. Coleman's areas of practice include, but are not limited to, personal injury cases, discrimination cases, civil rights cases, estate planning, and family law. She is admitted to practice in the state of Indiana, U.S. District Court for the Northern and Southern districts of Indiana and the U.S. Court of Appeals for the Seventh Circuit. Ms. Coleman earned her B.A. degree from Indiana University. She worked on her Juris Doctorate degree at Northwestern School of Law at Lewis and Clark College in Portland, Oregon and University of Nairobi in Nairobi, Kenya, before receiving her Juris Doctorate from Valparaiso University School of Law.
Speaker bio
N. Davey Neal
is the principal at NDN Consulting IN in Avon. He provides clients substantive expertise in the long-term legal, legislative, and regulatory representation of businesses, trade associations, and non-profit organizations. Prior to serving as Deputy Secretary of State, Mr. Neal was appointed executive secretary of the Alcohol and Tobacco Commission (ATC) by Governor Mitch Daniels. He served as hearing judge on numerous ATC matters and advised the Commission and the Indiana State Excise Police on all licensure, regulatory, and enforcement matters. Mr. Neal was the ATC's liaison to the Indiana General Assembly. He received his undergraduate degree from Wabash College and his J.D. and M.B.A. degrees from the Indiana University McKinney School of Law, and the Indiana University Kelley School of Business through a joint J.D./M.B.A. program.
Speaker bio
Ellen M. Deeter
is an attorney in Indianapolis. Her practice is focused on estate planning and administration; estate, trust, and elder law mediation; expert witness services in trust and estate litigation matters; and consulting services for fiduciaries. Prior to going into the private practice of law, Ms. Deeter spent 35 years working for bank trust departments, where she worked in a variety of roles, including trust and estate administration, fiduciary income taxation, estate and gift taxation, and as in-house trust counsel. The last 18 years of her trust department career were spent with The National Bank of Indianapolis, from which she retired in 2013. Ms. Deeter is admitted to practice in the state of Indiana and the U.S. District Court, Southern District of Indiana. She earned her B.A. degree, magna cum laude, from the University of Notre Dame; and her J.D. degree, magna cum laude, from Indiana University School of Law at Indianapolis (now known as the Indiana University Robert H. McKinney School of Law). In addition to being an attorney and a registered civil mediator, Ms. Deeter obtained her CERTIFIED FINANCIAL PLANNER™ certification in 1984 and her CERTIFIED TRUST and FINANCIAL ADVISOR™ designation in 1992, both of which she maintained until 2022.
Speaker bio
Jessica R. Williams
is a partner of Robinson Farthing Spandau Williams LLC. Her focus includes estate planning, estate and trust administration (including litigation components), and guardianships. Ms. Williams attended the IU McKinney School of Law from 2010 to 2013 as a non-traditional evening student. While attending law school in the evenings, she managed two occupations; one as a legal intern at the Indiana Prosecuting Attorneys Council and the other as a clinical laboratory scientist at IU Health North Hospital. In December 2013, Ms. Williams completed her law school education and earned her Juris Doctorate, as well as a specialty certification in health law. She co-authored Behavioral Contracts in a John Hopkins University's publication, Biology in 2014. Ms. Williams earned her bachelor's degree in science at Indiana State University, and her Associates in Arts and Associates in Arts and Science degrees at Lincoln Trail College. She is immediate past chair of the Indianapolis Bar Association Estate Planning and Administration Executive Council, and current chair of Indiana State Bar Association and the Estate Planning Council.
Speaker bio
William J. Barkimer
is a partner in the law firm of Krieg DeVault LLP. He counsels clients and litigates disputes in a wide range of civil and commercial litigation matters. Particular areas of focus include contractual disputes, shareholder disputes, banking liability, probate litigation, tort law, real estate disputes, and intellectual property. Mr. Barkimer earned his B.S. degree from Ohio Northern University and his J.D. degree from Indiana University Robert H. McKinney School of Law. He is a member of the American Bar Association, Indiana State Bar Association and Indianapolis Bar Association.
Speaker bio
Micah J. Nichols
is a partner in the law firm of Krieg DeVault LLP. He is a board-certified Indiana Trust and Estate Lawyer, as certified by the Trust and Estate Specialty Board, and concentrates his practice in the areas of estate planning, estate and trust administration, asset preservation, business succession, guardianships, trust and estate litigation, personal services (prenuptial and postnuptial agreements) and general business. Mr. Nichols earned his B.A. degree from DePaul University and his J.D. degree from Indiana University Maurer School of Law. He is a member of the Professional Advisor Leadership Council (PALC) Central Indiana Community Foundation, Indianapolis Bar Association, Hamilton County Bar Association and Indiana State Bar Association.
Speaker bio
Beth W. McIntire
is vice president and manager of the trust legal, tax and estates department in the wealth management division of The National Bank of Indianapolis. She is an attorney and certified public accountant with more than 20 years of experience in estate planning, estate administration and taxation. Ms. McIntire began her career as a tax consultant with an international certified public accounting firm and has also practiced law in Indianapolis in the areas of estate planning and administration. She earned her B.S. degree from Ball State University in accounting and her J.D. degree, cum laude, from Indiana University Robert H. McKinney School of Law at Indianapolis. Ms. McIntire is a member of the Indianapolis Bar Association (Estate Planning and Administration Section); Indiana State Bar Association (Probate Trust and Real Property Section); and Estate Planning Council of Indianapolis, of which she is a past president.
Speaker bio
Patrick Sullivan
is president and founder of the Law Office of Patrick Sullivan, P.C. His family has been practicing law in Indiana for over 100 years. As a fourth-generation attorney, Mr. Sullivan has had direct exposure to the evolution of the practice of law and to the legal institutions in Indiana. His practice areas include business planning, charitable giving, estate planning, litigation, probate, tax planning and family law. Mr. Sullivan graduated from Georgetown University with a Bachelor's of Science degree in finance and international business. He then obtained his juris doctorate from Indiana University's Robert H. McKinney School of Law. In addition to being an attorney, Mr. Sullivan is a Certified Financial Planning (CfP®) practitioner, Chartered Benefits Consultant (CBC), Professional Plan Consultant (PPC), and licensed insurance agent for life, health and long-term care. He has also served in various leadership capacities, including serving as president of Foundational Insurance Advisors, LLC. Mr. Sullivan also serves on the Echelon Board of the Salvation Army. He writes on legal and business matters, and has been both featured and quoted in the Indiana Lawyer. Mr. Sullivan is licensed to practice law in Indiana.
Speaker bio
Michele L. Lorbieski
is a partner in the law firm of Lewis Wagner, LLP. She is a seasoned trial lawyer who represents individuals in probate litigation, trust litigation, guardianships, and small businesses in a variety of disputes. Ms. Lorbieski earned her B.A. degree from DePauw University and her J.D. degree from Georgetown University Law Center. She is a member of the California State Bar Association and Indianapolis Bar Association and Foundation.
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