Updating to 2012.4.2

First you will need to determine which version you are running.
1. Open AvidLaw Probate
2. Find the version number

The version number can be found at the top left hand corner of the left pane.

Once you have determined the version you are running you will need to do one of the following.
A. If you are running AvidLaw Probate Version 2012.4.0 or later

Click the Tools tab
Select Update Template Sets…
Click Ok

Click Continue
This will begin the install process. If asked to overwrite existing files select Overwrite All

B. If you are not running AvidLaw Probate Version 2012.4.0 or later

Read these special instructions.

If you need assistance or are having trouble with the steps above please call us (480) 361-1324 or email us support@avidlaw.com

Update on Mandatory Training for Unlicensed Personal Representatives

A Few Refinements. As we explained back in September, Rule 27.1 of the Arizona Rules of Probate Procedure, which became 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.” In that earlier article, we also reviewed the nature of the mandatory training and where the training programs can be found. In the interim since that article, a few things have changed in this regard. The following information is more current:

The Nature of the Training. The Internet web site for the Arizona Judicial Branch, http://www.azcourts.gov/probate/Training.aspx, includes the required training program. Training for unlicensed personal representatives is provided in two courses. The proposed personal representative must complete both courses before letters will be issued. Each course is available either as an online video, which can be viewed in fewer than fifteen minutes, or as a PDF file, which can be reviewed in approximately the same amount of time. Also, for persons without computer access, each course is available in alternate formats through the Superior Court in each county.

The first course is a general overview, entitled Introduction to Serving as a Non-Licensed Fiduciary. This course is required not only for personal representatives, but also for guardians and conservators. The second course, which is unique to personal representatives, is entitled Welcome to Personal Representatives Training Module.

AvidLaw 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 that notice of completion must be filed with the Court prior to the issuance of Letters.

In addition, now that Certificates of Completion are available and can be incorporated into our software, we have added the two Certificates of Completion applicable to personal representatives to the AvidLaw documents. In addition, we have added a new document entitled Notice of Completion of Required Training, as the pleading to be filed to provide notice that the training has been completed and to with the Certificates of Completion attached.

These document changes are only available in our most recent update, numbered 2012.4.2. If you are using an earlier version of our software, you must update your software to take advantage of these changes, as well as other revisions, bug corrections, etc., that will make your drafting experience more efficient and your pleadings more effective.

AvidLaw Tips: Document Options

At the time you initially install AvidLaw Probate, you go through the Enter Attorney Information interview, setting up information about your practice, entering default document options, and entering your AvidLaw license code. As time goes on, you may not think much more about those settings. This article reviews the document options that can be changed at Enter Attorney Information. It may be helpful for those who have been using AvidLaw probate for a while to review these options to determine whether you are using the document options that are best for your practice.

Locating the Document Options. The second dialog in Enter Attorney Information, the one that follows Attorney Information, is called Document Options. This dialog contains a set of questions about the default manner in which documents are assembled in AvidLaw Probate. After these options have been selected, they apply automatically to all documents drafted in AvidLaw Probate. A document option can be changed for a given pleading, for a given case, or for all documents to be drafted in the future. If you want to change an option, just make the change in Enter Attorney Information, then draft the applicable documents. The option will apply as changed to all documents drafted until you return to Enter Attorney Information to change the option again.

Display law firm information vertically in left margin. The first document option is whether you want your law firm information to be displayed vertically in the left margin of pleadings. This is, of course, just an aesthetic decision. Such a display is not required, but is preferred by many of our customers.

Identifying the Court in the Caption. AvidLaw Probate pleadings identify the court in one of two ways. The longer designation is IN THE SUPERIOR COURT OF ARIZONA IN AND FOR [COUNTY] COUNTY. The shorter designation is ARIZONA SUPERIOR COURT [COUNTY] COUNTY. Either designation is appropriate. The selection of one other the other is a matter of personal preference.

Format of Law Firm Countersignature Line. Some AvidLaw pleadings that are signed by applicants, personal representatives, or other parties are designed to be countersigned by the attorney. AvidLaw provides three different formats for these countersignature blocks. The first option lists the name of the firm followed by a signature line. The second adds the name of the attorney below the signature line. The third also adds the law firm address below the name of the attorney.

Signatory of Certain Notice Documents. Some firms prefer to have the Notice of Informal Probate, Notice of Informal Appointment, Notices to Creditors and Proofs of Mailing signed by the client (either the applicant or the personal representative). Others prefer to have these documents signed by the attorney. This option allows a firm to select the option it prefers. It appears the most firms prefer to have these documents signed by the attorney, perhaps because such a signature doesn’t require any appointment with the client.

Assembly of Comprehensive Sets of Documents. AvidLaw Probate contains several “Assemble All” items that allow users to answer the relevant questions, then assemble all documents applicable to a given stage of the probate process. This document option allows you to determine whether the set of documents assembled at these items is created as one single Word document file, encompassing all of the documents, or whether each document in the set is assembled as a separate Word document file. In our experience, most firms choose to have each document in the set assembled as a separate Word file, but several have opted to include all of the documents in a single Word document file.

Notary Blocks: Blank for Date Commission Expires. In Arizona, no blank is needed for the date on which the notary’s commission expires. If such a blank is provided, however, the notary must provide the date on that blank. Some law firms prefer to include such a blank in all notary blocks. Among other things, this avoids problems when documents are notarized in other jurisdictions where such a blank is required. Other firms omit the blank on documents assembled for notarization in Arizona, adding it manually to drafts of documents to be signed in other jurisdictions.

Notary Blocks and A.R.S. § 41-313(C) Compliance. A.R.S. § 41-313(C) states that if a notary “attaches a notarial certificate to a document using a separate sheet of paper,” the attachment must contain a description of the document that includes at a minimum: 1. “the title or type of document,” 2. the document date, 3. the number of pages of the document, and 4. any additional signers other than those named in the notarial certificate. This document option allows you to include a description to the notary block that is intended to meet this requirement. Each firm can determine whether to include the description in documents assembled through AvidLaw Probate.