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.