Estate Planning and Probate Law Board Certification by the TBLS

For purposes of the specialty certification program at TBLS, the term "estate planning and probate law" is defined to include the practice of law involving the Texas Probate Code, Texas Property Code the Internal Revenue Code and other federal, state and local statutes and interpretive material in connection with matters in which issues of estate planning and probate are significant factors.

According to the legal definition, the practice of estate planning and probate law includes, but is not limited to:

• representing clients in the administrative appeal and litigation of tax issues involving transfers of assets during lifetime and at death; 
• representing clients in cases before the Internal Revenue Service and other taxing authorities and courts with respect to proposed, completed and ongoing transactions and other matters involving tax issues which are related to estate planning and probate law; 
• representing clients by litigating contested probate and guardianship issues in trial and appellate courts;
• representing clients before courts which hear and decide cases involving decedent’s estates and guardianships;
• drafting legal instruments to effectuate the clients’ estate plans, (e.g., wills, trusts and other legal documents);
• analyzing, planning and making recommendations for the conservation and disposition of clients’ estates in accordance with the clients’ expressed desires, including tax effects and consequences; and
• consulting with clients and giving advice regarding estate planning, probate and guardianship law.

To become board certified in estate planning and probate law, the attorney must have devoted a minimum of 25% of his or her time practicing estate planning and probate law during each year of the 3 years immediately preceding application.

Task requirements for Estate Planning and Probate Law include showing sufficient involvement in a substantial portion of the activities described in both of the following categories within the 3 years immediately preceding application: 

• (a) Estate Planning
  • Counseled clients in estate planning, including giving advice with respect to gifts, life insurance, wills, trusts, business arrangements and agreements, and other estate planning matters.
  • Prepared or supervised the preparation of estate planning instruments, e.g., simple and complex wills, including provisions for testamentary trusts, tax deductions and elections; revocable and irrevocable inter vivos trusts; business planning agreements; powers of attorney and other estate planning instruments.
•  Estate Administration and Tax Matters
  • Represented clients with respect to the probate and/or administration of decedents' estates and trusts, including dependent and independent administration and muniments of title, guardianships, determinations of heirship, and will and trust litigation;
  • prepared, reviewed, or supervised the preparation of federal gift, estate, and generation skipping transfer tax returns, Texas inheritance tax returns, and U.S. fiduciary income tax returns; and representation before the Internal Revenue Service, state taxing authorities, or the courts, in connection with such tax returns and related controversies