Fundamentals of Probate Practice: The Life of an Estate (Online Seminar)

MCLE Credits: 6.0
Ethics Credits Included: 1.0

MCLE Credit: 6.0 (Ethics: 1.0)
Live-Interactive Credit: 0.0
Price: $299 (Includes a downloadable audio version.)
Viewable Through: 8/31/2020


A pre-recorded streaming VIDEO replay of the August 2017 live seminar, Fundamentals of Probate Practice 2017: The Life of an Estate.

This comprehensive seminar takes you step by step through the process of administering an estate from the moment of death until the final accounting. You will learn the duties and responsibilities of serving as executor or administrator. The faculty will guide you through the administration process and provide you with samples of commonly used probate forms. Emphasis is be placed on handling a modest estate, including tips from practicing attorneys on problem areas such as: properly preparing the petitions and other documents; avoiding conflicts between the fiduciary and the beneficiaries; your role as attorney for the estate handling challenges during administration (distributions and accounts); meeting deadlines in filing inventories, accounts, tax returns, and other documents; and getting paid for your services.

Complete and concise, this seminar is an excellent review for experienced estate administrators as well as a basic primer for any attorney asked to advise a client who has been named an executor or beneficiary in a will.

Topics covered:

  • Learn the basics of the probate process with this step-by-step review
  • Learn which documents, inventories, and returns to file when and where
  • Become aware of the mandatory deadlines



Actions Prior to Probate
Katherine E. Ramsey
  • Initial contact with client
  • Review of will
  • The decision to probate
  • Reasons to probate will without the qualifications of an executor
Probating and Qualification
Katherine E. Ramsey
  • What is probate?
  • Where to qualify as personal representative and/or to probate will
  • Who may qualify as personal representatives
  • Requirements and methods for probate of a will
  • Probate of lost or destroyed will, or of a foreign will
  • Compelling production of will
  • Destroying or concealing a will
  • Practical aspects of ex parte probate and qualification before the Clerk
  • Probate and qualification order
  • Ancillary administration
  • Curator
  • Resignation
Administration of Estate After Qualification
James P. Cox, III, John T. Midgett
  • Notice of probate
  • Initial steps in administration
  • Powers and duties of executors
  • Managing and administrating assets
  • Commissioner of Accounts
  • Filing of inventory of estate
  • Claims of creditors
Special Problems in Administration of Estates (Part 1)
James P. Cox, III, John T. Midgett
  • The Disclaimer Statute
  • Augmented estates
  • Issues relating to children
  • Interpretation of will provisions
  • Will contests
  • Removal and resignation of fiduciaries
  • Digital assets
Special Problems in Administration of Estates (Part 2)
James P. Cox, III, John T. Midgett
Winding Up the Estate
John T. Midgett
  • Distribution of assets
  • Handling distributions to minors in trust
  • Payment of final administration fee
  • Timing of distributions
  • Filing of accountings
  • Testamentary trust accountings
Testamentary Trusts / Small Estates
James P. Cox, III
  • Trust administration, including qualification, inventory and accounting, investment obligations and distributions
  • Virginia Small Estate Act
    • Applicability when personal probate estate does not exceed $50,000.00\
    • Applicability when value of a small asset is $15,000.00 or less
Ethical Issues You Will Encounter
Robert L. Freed



James P. Cox, III, MichieHamlett  / Charlottesville
Robert L. Freed, Freed & Shepherd, P.C. / Richmond
John T. Midgett, Midgett & Preti PC  / Virginia Beach
Katherine E. Ramsey, Virginia Estate and Trust Law, PLC / Richmond

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