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What All Paralegals Must Know About the Probate Process

Learn the procedures and laws applicable to the probate process to better assist your clients.

Setting expectations at the initial meeting with a probate client, while challenging because of the client's emotional state, is critical to a successful probate. Frequently, the client fails to absorb much, if any, of the information being conveyed and the attorney or paralegal finds themselves repeating the same information or answering the same questions multiple times throughout the process, which is inefficient, frustrating and costly. Too often the executor and beneficiaries do not understand the amount of time involved, or why a simple estate takes so long and complain about fees incurred, time spent and the inefficient process. This topic will provide tips and tricks to professionals on the front lines to combat these issues, help provide ways to ensure that the clients are aware of the process as a whole and give guidelines to set realistic goals, deadlines and expectations. In addition, the goal of this material is to give professionals additional tools to understand, manage and navigate the probate process from start to finish, by providing information and checklists to help manage creditors' claims, important deadlines and track probate and non-probate assets. Finally, probate professionals will walk away with a clear picture of the probate process and a better understanding of how to avoid common problems associated with probate administration.

98 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Developing a Probate Process

  • Initial Client Contact- Preparing for the First Meeting
  • Plan for Administration
  • Identify and Address Issues and Areas of Concern

Filing Pleadings to Open Probate

  • Preliminary Considerations
  • Formal Probate
  • Appointment of Executor
  • Notice and Service Requirements
  • Deadlines

Administering the Estate

  • Establishing a Timeline of Events and Tickler System
  • Probate Assets
  • Nonprobate Assets
  • Duties and Responsibilities of Executor
  • The Surviving Spouse
  • Statutory Allowances
  • Special Proceedings
  • Beneficiary Distributions

Creditor Claims

  • Determining Appropriate Creditors
  • Notice Requirements
  • Validity
  • Payment

Completing Administration

  • Closing Checklist
  • Unresolved Issues
  • Payment of All Valid Claims, Debts, Expenses and Taxes
  • Payment of Fiduciary Fees
  • Payment of Attorney and Professional Fees
  • Final Accounting
  • Distribution of Assets
  • Discharge of Fiduciary
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on June 24, 2019.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Tereina Stidd

Tereina Stidd

Cole Schotz P.C.

  • Attorney with Cole Schotz P.C.
  • Associate attorney in the tax, trusts, and estates department in an AM Law Top 200 firm with a focus on income, estate, gift, and generation-skipping transfer tax planning
  • Co-author of the chapter “Homestead” in Basic Estate Planning in Florida, 6th, 7th, and 8th ed. published by the Florida Bar
  • Contributor to Estate, Gift, Trust and Fiduciary Tax Returns Planning and Preparation published by Thomson Reuters
  • Recognized many years as a Super Lawyers Florida Rising Star
  • Regular speaker on estate planning, retirement, homestead, and trust and estate administration topics
  • Licensed to practice law in both Florida and North Carolina (inactive status)
  • J.D. degree, the Claude W. Petit College of Law at Ohio Northern University; LL.M. degree, in taxation, the University of Miami School of Law; B.A. degree in political science, cum laude, St. Bonaventure University
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406327
Published 2019
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