KS Specific

Trusts, Estates & Probate

4.5

Kansas Probate Process from Start to Finish

Credits Available
Credit Status Total
Kansas CLE Approved 8 Total
Missouri CLE Approved 6 Total
OnDemand
6 hours 36 minutes
Roberta Wilkes
Kathleen Urbom
Roger McEowen
Stacey Janssen
With Roberta L. Wilkes from Wilkes & Dunn + 3 others
Recorded June 18, 2024
Product ID 98353

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Overview

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.

Abbreviated Agenda

  1. Probate Property vs. Non-Probate Assets
  2. Initial Filing in Probate Court and Estate Timeline
  3. Law of Intestate Succession
  4. Inventory and Appraisement
  5. Ethics
  6. Tax Reporting and Post-Mortem Tax Matters
  7. Handling Claims Against the Estate
  8. Sale of Property and Distributions
  9. Final Accounting and Closing the Estate
  10. Probate Disputes and Litigation

Related Topics

Product ID 98353

Credit Details

Credits Available
Credit Status Total
Kansas CLE Approved 8 Total
Missouri CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Probate Property vs. Non-Probate Assets

  2. Initial Filing in Probate Court and Estate Timeline

    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?

  3. Law of Intestate Succession

    1. Who Can Inherit - Degrees of Kinship and Order of Inheritance
    2. Determining the Share Size
    3. Exceptions and Bars to Inheritance

  4. Inventory and Appraisement

    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

  5. Ethics

    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

  6. Tax Reporting and Post-Mortem Tax Matters

    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

  7. Handling Claims Against the Estate

    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

  8. Sale of Property and Distributions

    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. Final Accounting and Closing the Estate

    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

  10. Probate Disputes and Litigation

    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

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

Speakers

Roberta L Wilkes
Roberta L.
Wilkes
Wilkes & Dunn
Kathleen R Urbom
Kathleen R.
Urbom
Urbom Law Offices Chartered
Roger A McEowen
Roger A.
McEowen
Washburn University School of Law
Stacey Janssen
Stacey
Janssen
Janssen Estate, Probate & Elder Law, LLC
Speaker bio
Roberta L Wilkes

Roberta L. Wilkes

Wilkes & Dunn
Roberta Wilkes

is a partner in the firm of Wilkes & Dunn. She recently moved her practice to Yates Center, Kansas from Kansas City, Kansas; where she continues to emphasize the areas of probate, estate planning, small business and real estate. Ms. Wilkes belongs to the Kansas Bar Association, Wyandotte County Bar Association and the Southeast Kansas Bar Association. She earned her B.A. degree from Wichita State University and her J.D. degree from University of Missouri in Kansas City, both with distinction. Ms. Wilkes is licensed to practice law in Kansas and Oklahoma.

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Speaker bio
Kathleen R Urbom

Kathleen R. Urbom

Urbom Law Offices Chartered
Kathleen Urbom

is a sole practitioner with Urbom Law Offices Chartered in Topeka, where she has a civil practice including estate planning and probate, guardian and conservatorships, trust formation, including special needs trusts, and special education law. Ms. Urbom has spoken previously on special education law, landlord tenant law, and end of life planning; including business succession, wills and trusts, and guardian conservatorships. She is a member of the Kansas and Topeka bar associations, Women's Attorneys Association of Topeka, and Jenny Mitchell Kellogg Circle. Ms. Urbom earned her B.S. degree from St. Mary of the Plains College and her J.D. degree from Washburn University of Topeka.

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Speaker bio
Roger A McEowen

Roger A. McEowen

Washburn University School of Law
Roger McEowen

is the Kansas Farm Bureau Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas. Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa where he was also the director of the ISU Center for Agricultural Law and Taxation (CALT) which he founded. Under his leadership, CALT utilized no taxpayer funds in its operations and fully funded staff salaries and benefits, as well as office rent, equipment and supplies, and travel costs from funds generated by seminars and other education-related events and materials. At ISU, Prof. McEowen also introduced an agricultural law course into the undergraduate curriculum initially as an experimental course, ultimately building the course from the ground up to almost 100 students in attendance by the spring semester of 2015. He has been a visiting professor of law at the University of Arkansas School of Law in Fayetteville, Arkansas, teaching in both the J.D. and L.L.M. programs. Prof. McEowen has also previously taught at Washburn Law and the Drake University School of Law Summer Institute in Agricultural Law. He has published scholarly articles in numerous journals, and is the author of Principles of Agricultural Law, an 850-page textbook/casebook that is updated twice annually, and a second 300-page book on agricultural law. In mid-2017, Prof. McEowen's new book, Agricultural Law in a Nutshell, was published by West Academic Publishing Co. He also authors the monthly publication, Kansas Farm and Estate Law, and co-authors Bureau of National Affairs (BNA) Tax Management Portfolios on the federal estate tax family-owned business deduction and the reporting of farm income. Prof. McEowen is the lead author of a BNA portfolio concerning the income taxation of cooperatives. He conducts approximately 80-100 seminars annually across the United States for farmers, agricultural business professionals, lawyers, and other tax professionals. In 2003, Prof. McEowen was named the recipient of the American Agricultural Law Association (AALA) Distinguished Service Award. He is also the recipient of the AALA's award of excellence for professional scholarship. In 2006, Prof. McEowen was named the president-elect of the AALA. He earned his B.S. degree, with distinction, from Purdue University in Management, his M.S. degree in agricultural economics from Iowa State University and his J.D. degree from the Drake University School of Law. Prof. McEowen is a member of the Iowa State and Kansas bar associations, and is admitted to practice in Nebraska.

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Speaker bio
Stacey Janssen

Stacey Janssen

Janssen Estate, Probate & Elder Law, LLC
Stacey Janssen

returned to her own practice in 2022, founding Janssen Estate, Probate & Elder Law, LLC, practicing in the areas of estate planning, probate administration, and fiduciary litigation, practicing in both Kansas and Missouri. Ms. Janssen has a Bachelor of Arts and a Juris Doctorate from the University of Kansas. Ms. Janssen currently serves as the chair of the Kansas City Metropolitan Bar Association's Probate Committee and serves as Treasurer to their board of directors. She has been recognized as a Super Lawyer, Best of the Bar and in 2021 received the KCBMA's Distinguished Counselor Award. In 2024, Stacey received a Missouri Lawyer's Media Women's Justice Award.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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