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? Our comprehensive manual 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. Order today!

1. Taking the First Step: Filing an Estate in Probate Court
2. Understanding the Role of the Personal Representative in Probate
3. Managing the Inventory
4. Administering the Estate Effectively
5. Maintaining an Ethical Balance in Probate Practice
6. Determining if Spouse's Elective Share is a Reasonable Option
7. Uncovering the Laws of Intestacy and How They May Apply
8. Litigating the Case in Probate Court
9. Putting the Case to Rest: Closing the Estate

Continuing Education Credits:   

* denotes specialty credits

1. TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT
   8:30 - 9:15, Daniel Buchanan
   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 REPRESENTATIVEIN PROBATE
   9:15 - 10:00, Daniel Buchanan
   1. Duties of the Personal Representative
   2. Misconduct and/or Removal
   3. Compensation Guidelines
   4. Special Administration Issues
3. MANAGING THE INVENTORY
   10:15 - 11:00, John Alan Warcup
   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 ESTATEEFFECTIVELY
   11:00 - 12:00, Joseph F. Larson II
   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
   1:00 - 2:00, John Alan Warcup
   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
   2:00 - 2:30, Daniel Buchanan
   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. UNCOVERING THE LAWS OF INTESTACY AND HOW THEY MAY APPLY
   2:30 - 3:15, Daniel Buchanan
8. LITIGATING THE CASE IN PROBATE COURT
   3:30 - 4:00, John Alan Warcup
   1. Explanation of Rules of Probate Procedure
   2. Declaratory Judgment
   3. How to Conduct Discovery
   4. What to Do on Appeal
9. PUTTING THE CASE TO REST: CLOSING THE ESTATE
   4:00 - 4:40, Joseph F. Larson II
   1. Final Accounting
   2. Distribution of Estate to Beneficiaries
   3. Discharge of Fiduciary
   4. Tax Returns - What Needs to be Filed and When

DANIEL BUCHANAN is a sole practitioner at Buchanan Law Office and has been in practice for more than 35 years. His areas of practice include elder law, probate and estate planning. Mr. Buchanan has been a guest lecturer at Jamestown College and the University of North Dakota School of Law. He is a member of the State Bar Association of North Dakota, the Association of Elder Law Attorneys (director), the National Academy of Elder Law Attorneys and the Red River Valley Estate Planning Council. Mr. Buchanan earned his B.A. degree from Jamestown College and his J.D. degree from the University of North Dakota.

JOSEPH F. LARSON II is the owner of Larson Law Firm in Jamestown, North Dakota. He practices in the areas of estate planning, probate, real estate, corporation, partnerships and limited family law. Mr. Larson earned his B.A. degree from North Dakota State University and his J.D. degree from the University of North Dakota. He is a member of the Judiciary Standards Committee.

JOHN ALAN WARCUP is a partner in the law firm of Letnes, Marshall, Swanson & Warcup, Ltd., where he practices in the areas of estate and probate law, tax law, litigation, real estate law, employment law, title insurance law and municipal law. Mr. Warcup is a lecturer to various professional groups and organizations on his areas of practice. He earned his B.B.A. degree from the University of North Dakota and his J.D. degree, with distinction, from the University of North Dakota School of Law. Mr. Warcup is a member of the Grand Forks County Bar Association and the State Bar Association of North Dakota.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com