Justia Connect Webinars Probate From Start to Finish: What Every Attorney Should Know

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Overview AI Webinar Summary

Probate From Start to Finish: What Every Attorney Should Know

Join Tereina Stidd, Director of Education for the American Academy of Estate Planning Attorneys, as she works her way through a typical probate proceeding. Tereina will provide a detailed overview of the probate process beginning with the initial paperwork required to start the proceedings and ending with obtaining the order of discharge. She will supply foundational knowledge and practical guidance for the estate administration process. Attendees will leave this presentation with a step-by-step understanding of probate which will include tips on avoiding pitfalls, settling the assets and debts, dealing with challenges and disputes, understanding the role that attorneys and courts play, the laws regulating probate, and best practices.

Duration of this webinar: 60 minutes

Originally broadcast: January 28, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Tereina Stidd, the speaker, is introduced with her extensive experience in estate planning and her role at the American Academy of Estate Planning Attorneys. Tereina plans to discuss probate, sharing her knowledge and experiences to provide valuable insights. She outlines the structure of probate, emphasizing the importance of understanding the phases and the Uniform Probate Code.

05:05 Probate Structure and Phases

Tereina explains the structure of the Uniform Probate Code and its relevance to different states. She describes the three phases of probate: beginning, administration, and distribution and discharge. The beginning phase involves initial client meetings and determining the right person to serve as personal representative. The administration phase includes gathering assets, dealing with creditors, and addressing debts. The distribution and discharge phase concludes the probate process, ensuring all tasks are completed and fees are paid.

08:00 Testate vs. Intestate Proceedings

Tereina discusses the differences between testate and intestate proceedings. In testate proceedings, a will guides the process, while intestate relies on state statutes. She emphasizes the importance of determining the personal representative's qualifications and understanding their fiduciary duties. Court documents, including petitions for administration, are crucial in both scenarios. The elective share proceeding is highlighted as a significant consideration in both testate and intestate cases.

17:04 Ancillary Proceedings and Timetable

Tereina introduces ancillary proceedings, which involve assets in multiple states or jurisdictions. She stresses the importance of understanding the probate timetable and setting up a calendar for deadlines. Missing deadlines can lead to malpractice risks, creditor leverage, and beneficiary dissatisfaction. She advises on the importance of filing necessary documents, such as the will and inventory, within specified timeframes. Tereina highlights potential issues like elective shares, safe deposit boxes, and family allowances.

24:33 Forms, Accountings, and Adversarial Proceedings

Tereina emphasizes the importance of understanding county-specific probate forms and procedures. She discusses accountings, adversarial proceedings, and appraisals as critical aspects of probate. Accountings must be detailed and served to beneficiaries, with waivers possible if beneficiaries agree. Adversarial proceedings require heightened notice and court involvement. Appraisals provide protection and support for asset valuation, especially in taxable estates.

36:27 Businesses, Claims, Compensation, Debts, and Discharge

Tereina discusses the roles and responsibilities of personal representatives in managing businesses and claims. She highlights the importance of impartiality and communication with all beneficiaries. Claims must be validated, and the order of priority for payments must be understood. Compensation for attorneys and personal representatives should be checked against state statutes. Debts should be paid from estate assets, and discharge marks the completion of probate duties.

42:07 Further Issues to Consider

Tereina advises on managing probate proceedings to avoid administrative closures and ensure proper distributions. She emphasizes the need for receipts and waivers when distributing assets to beneficiaries. The elective share and fiduciary duties are discussed, as well as asset gathering. Understanding state-specific laws, such as Florida's homestead laws, is crucial. She advises caution in insolvent estates and highlights the importance of identifying interested parties.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Tereina Stidd Special Counsel
Duane Morris LLP

Tereina R. Stidd is special counsel in the firm's Private Client Services Practice Group. She advises individuals, families, and fiduciaries on sophisticated estate planning, wealth transfer, trust and estate administration, and related tax matters. Her practice includes designing tax-efficient wealth transfer strategies, counseling clients on all aspects of estate planning, fiduciary administration, wealth preservation, asset protection, and domicile planning, and helping families navigate complex estate and trust administration matters. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: June 30, 2028

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: January 27, 2028

Illinois CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: January 27, 2028

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 General

Earn Credit Until: January 27, 2027

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: January 27, 2028

Texas CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: December 31, 2026

West Virginia CLE

Status: Approved

Format: On-Demand

Credits: 1.20 General

Earn Credit Until: December 31, 2029

This presentation is approved for one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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