Training Course Syllabus:

Your Fundamental Guide to Probate

So your client wants you to handle a probate case - do you know where to start? Do you know the proper procedures to use, as well as the law? At this seminar, our experienced faculty will give you detailed, step-by-step information to confidently and ably navigate the system. Gain the confidence you need to reach a favorable outcome for your client when litigating in probate court. Enroll today!

• Get a step-by-step walkthrough of a probate case complete with practice tips from seasoned practitioners.
• Implement a complete estate timetable in order to know what needs to be done - and when.
• Effectively guide the executor and the administrator through their various duties.
• Avoid problems arising from creditors' claims and insolvency with our powerful strategies.
• Know the secrets to confidently handling a spouse's elective share.
• Forestall disagreements between beneficiaries: adhere to the guidelines of precedence in case of intestacy.
• Get results for your client! Explore successful strategies for litigating in probate court.
• Follow thorough closing procedures so accounting is complete before distribution takes place.

1. TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT
   8:30 - 9:10, Gary K. Patton
   
   1. Small Estate - What it is and How to File
   2. Regular Estate
   3. The Estate Timetable - What You Need to do
   4. Proving the Will
   5. Challenging the Will
2. UNDERSTANDING THE ROLE OF THE PERSONAL REPRESENTATIVE IN PROBATE
   9:10 - 9:55, Gary K. Patton
   
   1. Duties of the Personal Representative
   2. Misconduct and/or Removal
   3. Compensation Guidelines
   4. Special Administration Issues
3. MANAGING THE INVENTORY
   10:10 - 10:50, Breahn R. Vokolek
   
   1. Statutory Requirements and How They Affect Your Case
   2. Notice to Creditors, Beneficiaries and State Agencies - What is Required
   3. Collecting, Maintaining and Managing Assets
   4. Inventory Problems
4. ADMINISTERING THE ESTATE EFFECTIVELY
   10:50 - 11:35, Breahn R. Vokolek
   
   1. How to Respond to Creditors' Claims
   2. Insolvency
   3. Managing the Estate Cash Responsibly
   4. Disclaimers
   5. Partial Distributions
5. MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
   12:35 - 1:35, Josh E. Dale
   
   1. Performing Competent Legal Services
   2. Identifying the Client
   3. Avoiding Conflicts of Interest
   4. Distinguishing Between Privileged and Non-Privileged Communication
   5. Establishing Reasonable Attorneys’ Fees
6. DETERMINING IF SPOUSE'S ELECTIVE SHARE IS A REASONABLE OPTION
   1:35 - 2:20, David K. Holdsworth
   
   1. Homestead Allowance
   2. How to Determine the Elective Share Estate
   3. What are Spousal Rights and Personalty?
   4. Rights of Election
   5. Step-by-Step Procedure
   6. How to Satisfy the Elective Share
7. LITIGATING THE CASE IN PROBATE COURT
   2:35 - 3:20, David K. Holdsworth
   
   1. Explanation of Rules of Probate Procedure
   2. Declaratory Judgment
   3. How to Conduct Discovery
   4. What to do on Appeal
8. UNCOVERING THE LAWS OF INTESTACY AND HOW THEY MAY APPLY
   3:20 - 4:00, William D. Stilley
   
9. PUTTING THE CASE TO REST: CLOSING THE ESTATE
   4:00 - 4:40, William D. Stilley
   
   1. Final Accounting
   2. Distribution of Estate to Beneficiaries
   3. Discharge of Fiduciary
   4. Tax Returns - What Needs to be Filed and When

This basic level seminar will provide those who have limited probate experience with tips on successfully handling a probate case. This comprehensive seminar will benefit:

• Attorneys
• Paralegals
• Accountants
• Trust officers
• Financial planners
• Estate planners

Agendas and Speakers may differ slightly depending on the location. Please e-mail or call a representative to obtain an agenda for a particular location.

Seminar Summary:

Gain the confidence you need to reach a favorable outcome for your client when litigating in probate court.  (see full course description)

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