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PLA428 Probate and Estate Planning II

Lead Faculty: Dr. Bryan Hance

Course Description

This course covers the following material: Asset accumulation, management, and creditors' claims, location and marshaling of assets of the estate; preparation of inventories; function of probate referee; review of procedures for payment of debts and creditors' claims; study of management of estate assets; sales of real businesses; and family allowance. This course also covers miscellaneous court proceedings and termination of proceedings: will contests, contract to make a will, quiet title actions, buy-sell agreements, options, redemptions, and partition. Preparation of a court accounting and petition for final distribution, discharge of representation, and statutory fees. In addition, the course will review special petitions: Petition under Probate Code Sec. 9860, petition for instructions, petition to determine distribution rights, nunc pro tunc orders, settlements, preliminary distributions, and report of status of administration of estate.

Learning Outcomes

  • Discuss asset accumulation, management, creditors' claims, and marshaling of assets.
  • Describe the preparation of inventories.
  • Explain the function of the probate referee.
  • Describe the procedures for the payment of debts and creditors' claims.
  • Explain key principles in the management of estate assets, the sale of real business, and a family allowance.
  • Describe probate court proceedings, including termination.