Faculty Course Information
Faculty Course Information

Online Seminar

Pennsylvania Probate Process from Start to Finish

Handling Probate From Initial Notices Through the Estate Closing

Division
NBI (99694)
Event Date
02/12/2025
Event Time
8:30 AM - 4:10 PM EST
Event Planner
Lauren Burton
Email
lauren.burton@nbi-sems.com
Phone
715.835.8525

Program Description

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.

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

Course Content

  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. Probate Disputes and Litigation
  7. Ethics
  8. Sale of Property and Distributions
  9. Tax Reporting and Post-Mortem Tax Matters
  10. Final Accounting and Closing the Estate

Agenda / Content Covered

All times are shown in Eastern time.
  1. Initial Filing in Probate Court and Estate Timeline
    8:30 - 9:00, Charles B. Hadad
    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
    9:00 - 9:30, Charles B. Hadad
    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
    9:30 - 10:00, Charles B. Hadad
    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
    10:15 - 10:45, Ashley R. Bozewski
  5. Handling Claims Against the Estate
    10:45 - 11:30, Ashley R. Bozewski
    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. Probate Disputes and Litigation
    11:30 - 12:15, Genevieve G. Redd
    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
  7. Ethics
    12:45 - 1:45, Elizabeth A. Dupuis
    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
    1:45 - 2:15, Elizabeth A. Dupuis
    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. Tax Reporting and Post-Mortem Tax Matters
    2:30 - 3:30, John W. Metzger
    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
  10. Final Accounting and Closing the Estate
    3:30 - 4:10, John W. Metzger
    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

Materials Due Date: 01/08/2025


Materials

If you're covering any of the following topics, you must include the (identified) sample documents and any other sample forms/checklists of your choice with your materials:

  • I. Initial Filing in Probate Court and Estate Timeline (estate administration timeline and checklist, sample initial notices)
  • III. Inventory and Appraisement (sample inventory template (blank or with sample assets)
  • V. Handling Claims Against the Estate (Sample creditor notice, sample letter rejecting a claim)
  • VI. Tax Reporting and Post-Mortem Tax Matters (sample tax forms used in estate administration and sample tax calculations)
  • IX. Final Accounting and Closing the Estate (sample accounting)

Attendees love forms! Even if your topics are not above - if you can think of any templates, checklists, letters, agreements, provision language, reports, or legal and tax forms that are appropriate for your topic - you are highly encouraged to provide them.

Event Materials Support

Email: eventmaterials@nbi-sems.com

Phone: (800) 777-8707



Ashley R. Bozewski is an attorney with Sherrard, German & Kelly, P.C. Her practice areas include estate planning and administration, trust administration, probate proceedings, elder law, and special needs planning. Ms. Bozewski earned her B.A. degree from The Pennsylvania State University and her J.D. degree from Duquesne University School of Law. She is a member of the Allegheny County Bar Association (Probate & Trust Law Section), Allegheny County Bar Association (Elder Law Section), National Academy of Elder Law Attorneys, and Pennsylvania Academy of Elder Law Attorneys. Ms. Bozewski is admitted to practice in Pennsylvania, New Jersey and the U.S. District Court for the District of New Jersey.

Elizabeth A. Dupuis is a managing shareholder of the State College office of Babst Calland, where her practice is focused upon residential and commercial real estate transactions, business planning and formation, commercial and contract litigation, estate planning and administration, and commercial development. Ms. Dupuis also serves as solicitor for Patton and Ferguson Townships in Centre County, as well as Centre County. She is a licensed title agent in Pennsylvania, and conducts residential and commercial real estate closings through MidState Closing Company, an affiliate of Babst Calland. Ms. Dupuis is a member of the Centre County, Pennsylvania and American bar associations. She is admitted to practice before the United States District Court for the Western and Middle districts of Pennsylvania, and the Third Circuit Court of Appeals. Ms. Dupuis earned her B.S. degree from Pennsylvania State University and her J.D. degree from the University of Pittsburgh.

Charles B. Hadad is a partner in The Lynch Law Group, LLC. He is chair of the firm's estates and trusts practice group and a member of the firm's corporate and business succession group. Mr. Hadad concentrates his practice in the areas of estate planning, estate administration, probate, trust administration, real estate transactions, and corporate and business planning. He advises clients in all facets of estate planning and estate administration. Mr. Hadad is an experienced litigator for Orphans' Court and has successfully represented fiduciaries in surcharge actions, defended will contests, and asserted claims on behalf of beneficiaries and other interested parties for breach of fiduciary duty in the course of estate and trust administration. He is a member of the Pennsylvania and Allegheny County (Probate & Trust Section Council) bar associations, and the Pittsburgh Estate Planning Council. Mr. Hadad earned his B.A. degree from the University of Pittsburgh and his J.D. degree, with honors, from the Thomas M. Cooley Law School.

John W. Metzger is a partner in the Lancaster firm of Metzger and Spencer, LLP, where he practices in the areas of taxation, probate, trusts, estate planning, business entities, real estate, orphans' court practice, orphans' court litigation, and zoning law. He is chairman of the Lancaster Township Zoning Hearing Board, and a member of the Lancaster and Pennsylvania bar associations. Mr. Metzger recently completed his term as a member of the Real Property Probate and Trusts Law Section Council. He has volunteered and served as the estate planning expert for Wills for Heroes. Mr. Metzger served several terms as a trustee of The Heritage Center Museum of Lancaster County, chairman of its Planning and Giving Committee, and chairman of the Heritage Museum at Penn Square. He recently concluded service on both the Board of Directors and Executive Committee of the Historic Preservation Trust of Lancaster County, and as a member of the Preservation Action Committee. Mr. Metzger earned his B.A. degree, cum laude, from the University of Richmond and his J.D. degree from Temple University School of Law.

Genevieve G. Redd is an attorney for Leech Tishman. She focuses her practice on estate planning, trust and estate administration, succession planning and tax solutions. Ms. Redd is admitted in Illinois, New Jersey, New York and Pennsylvania. She earned her B.A. degree, cum laude, from the University of Pittsburgh and her J.D. degree from the University of Pittsburgh School of Law. Ms. Redd holds the John P. Gismondi Certificate in Advanced Litigation and a Tax Law Certificate. She is a member of the Chicago Bar Association co-chair and young lawyers section, Allegheny County Bar Association membership services co-chair and leadership initiative program, Pittsburgh Civic Light Opera Ambassadors Board of Governors, and the Junior League of Chicago. Ms. Redd has received a Pennsylvania Rising Star by Pennsylvania Super Lawyers Magazine, a Rising Star Award from the Chicago Bar Association, and ABA Service to the Bar Award and ABA Service to the Community Award both from Allegheny County Bar Association.

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