TN Specific

Trusts, Estates & Probate

Tennessee Probate Process from Start to Finish

Credits Available
Credit Status Total
Alabama CLE Approved 6.5 Total
Tennessee CLE Approved 6.67 Total
OnDemand
6 hours 36 minutes
Gregory Cotton
Adam Haselsteiner
Arthur Fowler
Henry Fincher
Chasity Grice
Grayson Smith Cannon
With Gregory D. Cotton from Law Offices of Gregory D. Cotton + 5 others
Recorded March 31, 2025
Product ID 99801

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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 99801

Credit Details

Credits Available
Credit Status Total
Alabama CLE Approved 6.5 Total
Tennessee CLE Approved 6.67 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

Gregory D Cotton
Gregory D.
Cotton
Law Offices of Gregory D. Cotton
Adam Haselsteiner
Adam
Haselsteiner
Page & Cook, PC
Arthur M Fowler III
Arthur M.
Fowler, III
Fowler Baker Shade PLLC
Henry D Fincher
Henry D.
Fincher
Henry D. Fincher, Attorney at Law
Chasity S Grice
Chasity S.
Grice
The Estate and Family Law Group
Grayson Smith Cannon
Grayson
Smith Cannon
Gullett, Sanford, Robinson & Martin, PLLC
Speaker bio
Gregory D Cotton

Gregory D. Cotton

Law Offices of Gregory D. Cotton
Gregory Cotton

is a sole practitioner with the Law Offices of Gregory D. Cotton, where his practice is concentrated in the areas of probate, corporate, personal injury, products liability, domestic relations and criminal law. Mr. Cotton is a member of the Birmingham, Memphis-Shelby County and Tennessee bar associations, and the Alabama State Bar. He earned his B.A. degree from the University of Alabama and his J.D. degree from the Cumberland School of Law of Samford University.

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Speaker bio
Adam Haselsteiner

Adam Haselsteiner

Page & Cook, PC
Adam Haselsteiner

is an attorney at Page & Cook, PC, where he focuses his practice primarily on family law. He has additional experience in estates and personal injury. Mr. Haselsteiner earned his B.S. degree in philosophy from East Tennessee State University and his J.D. degree from Charlotte School of Law. He is admitted to practice law in Tennessee.

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Speaker bio
Arthur M Fowler III

Arthur M. Fowler, III

Fowler Baker Shade PLLC
Arthur Fowler

is an attorney with Fowler Baker Shade PLLC in Johnson City, Tennessee. He focuses his practice on probate and land disputes. Mr. Fowler graduated from Hampden-Sydney College with his B.A. degree, after which he attended Macquarie University in Sydney, Australia and obtained a Post Graduate Diploma in accounting. Upon returning to Tennessee, he attended The University of Memphis, Cecil C. Humphreys Law School, graduating, cum laude, with his J.D. degree.

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Speaker bio
Henry D Fincher

Henry D. Fincher

Henry D. Fincher, Attorney at Law
Henry Fincher

is a certified civil trial specialist, a certified family law specialist, and a certified elder law attorney recognized by the National Board of Trial Advocacy and the National Elder Law Foundation. A former judge, former state representative, and graduate of Harvard Law School, Mr. Fincher has helped people with their legal problems for more than 30 years. He is a fellow of the American Bar Foundation and a member of the Million Dollar Advocates. Mr. Fincher's practice focuses primarily on contested estates, serious personal injury cases, family law, wills and trusts, and other complex legal matters. He is a member of the New York State Bar Association and the Tennessee Bar Association. Mr. Fincher earned his B.A. degree, with highest honors, from the University of Tennessee and his J.D. degree from Harvard Law School.

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Speaker bio
Chasity S Grice

Chasity S. Grice

The Estate and Family Law Group
Chasity Grice

, LL.M. is an attorney with The Estate and Family Law Group, where she practices in the areas of estate and trust administration, estate planning, probate litigation and elder law. Before joining The Estate and Family Law Group, she worked for a certified public accounting firm, where she focused in estate planning for middle to high net-worth families. Ms. Grice has also previously served as an adjunct professor at the University of Memphis, where she taught family law, and estates, trusts and probate law in the Legal Studies department. She was recently appointed by the American Bar Association President as a member of the Commission of Law and Aging. Ms. Grice is admitted to the bars in Tennessee and Texas, and a member of the Memphis Bar Association. She is a fellow of the American College of Trust and Estate Counsel. Ms. Grice is also the vice chair to the Elder Law and Long-Term Care Committee with the American Bar Association's Real Property, Trust and Estates Section. She earned her B.A. degree, magna cum laude, from Clark Atlanta University and her J.D. degree, with a concentration in transactional tax planning, from the University of Tennessee College of Law.

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Speaker bio
Grayson Smith Cannon

Grayson Smith Cannon

Gullett, Sanford, Robinson & Martin, PLLC
Grayson Smith Cannon

is an attorney with Gullett, Sanford, Robinson & Martin, PLLC, where her main areas of practice are Social Security and probate. She has previously lectured on Social Security disability, probate, and family law matters for National Business Institute. Ms. Smith Cannon has also lectured on Social Security issues, wills and estates, and probate before the public and other attorneys. She is a member of the National Organization of Social Security Claimants' Representatives, Lawyers Association for Women, and both the Tennessee and Nashville bar associations. Ms. Smith Cannon earned her B.A. degree from Rhodes College and her J.D. degree from Nashville School of Law.

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