Course description
What All Paralegals Must Know About the Probate Process
Learn the procedures and laws applicable to the probate process to better assist your clients. One of the unfortunate certainties in life is the death of a loved one. Often, the survivors of the deceased individual are left to manage all of the decedent’s affairs and see that the decedent’s property is distributed in accordance to his or her wishes, or in the alternative, by statute. During this emotional time, your clients, as survivors of the decedent, will require legal advice and expertise to help them navigate the complicated probate world. This topic will provide you with the background to effectively counsel and assist your clients through the probate and estate administration process, and it will allow you to effectively educate your client on what to expect during the administration process. You will also be able to advise your client of his or her responsibility as the fiduciary of the Estate, as well as guide them in the most efficient and effective manner to complete Estate administration.
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Who should attend?
Training content
- Developing a Basis for Initial Filings
- The Importance of Developing Checklists – Necessity of Paralegals
- Preparation for Initial Meeting With Client
- Client Intake Forms
- Develop Action Plan for Administration – Master Knowledge of Procedures
- Identify Large "Issues" – Missing Heirs, Former Spouses, Omitted Chidren, etc.
- Identifying Shortcuts to ProbateStarting the Proceedings
- Testate vs. Intestate
- Supervised vs. Unsupervised Administration
- Determining Priority of Appointment
- Ascertaining Heirs - Understanding Consanguinity and Statutory Parent/Child Relationship Requirements
- Notice Requirements – Creditors, Heirs and Other Interested PartiesAdministering the Estate
- Distinguishing Between Estate and Non-Estate Assets
- Developing the Estate Inventory and Creating a Baseline Estate Value
- Dealing With Decedent's Real Property
- Advising Clients on Tax Obligations
- Statutory Allowances
- Special Issues Regarding Surviving Spouse of DecedentCreditors and Claims Against the Estate
- Notice Requirements
- Priority of Payment
- Secured vs. Unsecured Creditors
- Tracking Claim Deadlines
- Allowing and Disallowing Creditors' Claims
- Claims Arising Pre-Death vs. Post-Death
- Avoiding Potential Liability of Personal Representative for Failure to Properly Address ClaimsEthical Issues
- Representing and Advising the Surviving Spouse as the Fiduciary of the Estate
- Understanding Intestate Succession Issues Concerning Second Marriages and Children From Prior MarriageWrapping up the Estate
- Final Account
- Distribution of Assets to Estate Beneficiaries
- Finalizing Checklist
- Forms for Closing Estate
- Residual Issues Post-Closing – Personal Representative Powers May Continue Post-Closing
Costs
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Lorman Education Services - Live and On-Demand Courses
Lorman Education Services is a leading provider of online professional development and corporate training for organizations and individual professionals. For more than 30 years, Lorman has delivered relevant, high-quality, professional-level courses that cover a broad range of business and technical...