Mandatory Training for Non-licensed Fiduciaries

The Training Requirement. Rule 27.1 of the Arizona Rules of Probate Procedure, which is effective on September 1, 2012, requires individuals who are not licensed fiduciaries to “complete a training program approved by the Supreme Court before letters to serve as guardian, conservator, or personal representative are issued.” This requirement applies unless otherwise ordered by the court. It also doesn’t immediately apply in the case of temporary appointment of guardians and conservators in emergency situations under A.R.S. § 14-5310(A), A.R.S. § 14-5401.01(A) or A.R.S. § 14-5207(C). In these situations, the training program must be completed “within thirty days of appointment or before the permanent appointment of the fiduciary, whichever is earlier.”

The Nature of the Training. The Internet web site for the Arizona Judicial Branch, http://www.azcourts.gov/probate/Training.aspx, has now been updated to include the required training program. Training for unlicensed personal representatives includes two online videos. The first is a general overview, entitled Introduction to Serving as a Fiduciary, that is applicable to guardians, conservators, and personal representatives. This helpful video can be viewed in fewer than fifteen minutes. The second online video that must be watched by unlicensed personal representatives is entitled Welcome to Personal Representatives Training Module. This second online video can also be viewed in fewer than fifteen minutes. At the end of each online video is a page that can be printed, signed and dated, and submitted to the Court as proof of training.

Where to Find the Training Programs. The Internet web site for the Arizona Judicial Branch also explains that these programs “will be delivered online and available in alternate formats through county superior courts.” We didn’t check all county web sites, but we did locate the training videos on the Maricopa site at http://www.azcourts.gov/probate/Training.aspx.

Document Changes. The AvidLaw templates for the Statement of Informal [Probate and] Appointment of Personal Representative have been updated to contain the appropriate language to implement this new requirement. We have also updated the applicable AvidLaw checklists to remind you that this training must be completed and reported to the Court prior to the issuance of Letters and to include the applicable Certificates of Authenticity with the documents to be filed.