Technology—Probate

 

Technology—Probate Editor: Jason E. Havens, 4400 East Highway 20, Suite 211, Niceville, FL 32578, jasonhavens
@jasonhavens.net.

 

Technology—Probate provides information on current technology and microcomputer software of interest in the probate and estate planning areas. The editors of Probate & Property welcome information and suggestions from readers.

Automate Your Probate Practice

Before anyone changes the name of this column or anything else, this editor thinks that readers might be interested in the age-old topic of probate and estate administration. The reason is not to discuss “war stories,” fond memories of previous iterations of the Uniform Probate Code (UPC), or whether an attorney should charge hourly or flat fees to handle these matters. Instead, this editor will discuss how to automate that part of your practice with current and soon-to-be-released technology.

Because this editor primarily practices in Florida, a state with a strong interest in this subject, the examples in this column will focus on Florida probate systems and tools. Most of these systems and tools, however, are available in various states. If something is not available in your state and you are interested, please contact the appropriate vendor because software companies are driven by the same forces as other companies: consumer demand!

The “Good Old” Forms

Florida, like several other states, created standardized forms for probate practitioners years ago. The Real Property, Probate, and Trust Law Section of The Florida Bar formed Florida Lawyers Support Services, Inc. (www.flssi.org) in 1981. The purpose of this nonprofit corporation is “to assist Florida [l]awyers practicing in real property, probate and trust law.”

As in most states, the Florida Probate Code is based on the UPC. As a result, producing standardized forms is generally intuitive and conducive to the codified system. Unique issues and forms are required in every state because few states adopt a model act “as is.” Nevertheless, based on this editor’s experience, even states that enacted modified versions of the UPC have created and maintained substantially similar forms (if they have standardized probate forms).

Moving to the practical aspects of these forms, the initial option is simply to purchase the forms in an electronic or hard copy format from FLSSI or the state’s equivalent organization (sometimes the bar association itself). Of course, few offices manually complete hard copy forms these days. If your office does, you definitely need to read the rest of this column!

Besides purchasing the official electronic versions of your state’s probate forms, you can often find them reproduced in books and treatises. For example, Kathleen J. Hill’s Florida Legal Secretary (3d ed. 1999 & Supp. 2004), published by James Publishing, Inc., contains the standard probate forms, as well as several additional forms and commentary to assist lawyers and their staffs. These books and treatises reproduce official probate forms under a license from FLSSI.

Other states make their probate forms available at no charge. Here are several examples:

 

• California: www.courtinfo.ca.gov/cgi-bin/forms.cgi (under “Probate—Decedents Estates” using the pull-down menu);

• Colorado: www.courts.state.co.us/chs/court/forms/probate/probate.htm;

• Connecticut: www.jud2.state.ct.us/webforms/#PROBATE;

• Georgia: www.gaprobate.org/forms.php;

• Maryland: www.registers.state.md.us/html/disclaim.html (with the entire set compressed and available in Microsoft Word or Adobe portable document format (PDF));

• Michigan: www.courts.michigan.gov/SCAO/courtforms/probate/gpindex.htm;

• New Hampshire: www.nh.gov/judiciary/probate/pcforms/forms.htm#estate;

• Rhode Island: www.sec.state.ri.us/library/probateforms/probate-index.html;

• South Carolina: www.judicial.state.sc.us/forms (under “Search #1: Forms by Type” > “Probate Court” using the pull-down menu); and

• Washington: www.washington-probate-forms.com (one of the most impressive collections, with detailed guidance and commentary as well).

Automate Your Own Probate Practice

Automating your own probate forms is not nearly as daunting as creating a drafting system from scratch. Nevertheless, you still need a relatively strong familiarity with programming in HotDocs, GhostFill, or another document assembly engine/platform. This editor sees this option as far less desirable, not only because of the time involved in the initial programming but also in maintenance and everything else required to keep the system running.

Use an Expertly Designed Probate System

There are nearly as many automated probate systems as there are drafting systems on the market today. You can find everything from a completely Internet-based system to a stand-alone program, which might not even have a time limitation in terms of the license (rare, but still available in a couple of systems). Some systems also produce tax returns and forms, although the scope of this column is primarily limited to a discussion of the probate portions of these systems.

Several popular probate systems are available in Florida, most of which are dominant in other states as well. They are listed here in alphabetical order. Regrettably, this column’s limited space precludes even an attempt at a comprehensive list. In addition, please contact each vendor directly regarding pricing, details, and, most important, a demonstration version of the system that allows you to “test drive” it before you commit to purchasing.

Collyer’s Legal Software

David Collyer’s Florida probate system (www.collyerslegal.com) is indeed one of the best systems available in the Sunshine State. His system runs on HotDocs, but he notes on his web site that, even if the user prefers not to purchase HotDocs to run the system, his company sells the FLSSI forms in Microsoft Word format. Regardless of your approach, David’s system is one of those “never expires” licenses. Therefore, even if you defer your purchase of HotDocs, you can always add the full system later.

The Collyer probate system technically functions as a blended Windows-driven and HotDocs-driven system. To open a new client matter/file, the user creates a Windows folder using Windows Explorer or from within a word processing software program. Then, the user proceeds to HotDocs, where he or she assembles the “Client Information Form” and runs the interview that gathers all basic information about the probate matter.

This system also includes a “Pleading Check List,” a “Critical Date Check List,” several versions of the opening package of pleadings needed to file, and the numerous forms from the FLSSI system. The Collyer probate system can handle an unlimited number of creditors and beneficiaries and can also calculate the inventory and the accounting in the estate administration.

Because of the fundamental way that Collyer’s probate system functions, David suggests that the user change the way the answer files are saved within HotDocs. Normally, HotDocs stores answer files in pre-defined folders (now set up under the Windows user’s, instead of under the root HotDocs, directory on the computer’s hard drive). Instead of using that approach, the user can change the HotDocs default setting to use Windows Explorer to save those answer files (under the HotDocs menu bar as follows: Tools > Options > File Management > Manage answer files using: (pull-down menu)).

The installation is essentially manual, which some users might not like. But at a price of $375 (single user) or $550 (for unlimited users), you can’t expect a fancy installation process!

EstateWorks’s TrueSettlement

It has been quite some time since this editor reviewed the EstateWorks system (www.estateworks.com), but it was impressive the last time. EstateWorks uses an Internet-based version of HotDocs to assemble probate pleadings and numerous other documents. The probate system is called TrueSettlement.

The user can view a pre-recorded demonstration video via the EstateWorks web site at www.estateworks.com/marketingsite/demo.html. There are two Microsoft Windows Media Player files, one for TrueSettlement and the other for EstateWorks’s drafting solution called TruePlan.

One of the primary features of the EstateWorks TrueSettlement system is workflow control and monitoring. The system goes well beyond merely assembling probate pleadings. The user can create and assign tasks, track deadlines, create notes for a particular file/matter, and much more.

Some major law firms and banking/financial institutions use this probate system. If you are interested in this system, this editor recommends the Trusts & Estates magazine e-review of EstateWorks, entitled Estate Planning Software Rated, by colleague Donald H. Kelley, in the May 12, 2005, issue. In that review, Kelley noted that EstateWorks was then priced at $1,500 per user (with group user discounts available). Based on this editor’s recollection, this is a time-based license that does indeed expire on a certain date.

LexisNexis Automated Florida Probate Forms (for Word or WordPerfect)

From the owners of HotDocs, LexisNexis Automated Florida Probate Forms (http://bookstore.lexis.com/bookstore/product/13266.html) runs on the HotDocs platform, and HotDocs programming is certainly optimized in this LexisNexis system. The user can enter reusable information on lawyers, the courts where the probate proceedings are filed, and the primary “actors” in the probate matter, namely the petitioners, the beneficiaries, and the personal representative(s). Then the user can assemble the “New Case Information Form” and complete the interview to add other pertinent information needed to produce forms.

The forms themselves are well-organized in HotDocs folders, which are easily viewable on the navigation tree. The organization mirrors how FLSSI classifies forms, both in terms of the type of probate proceeding (summary or formal in Florida) and the stages of probate. Therefore, after the user has entered the basic information about the probate matter, he or she can select the forms to be assembled and quickly do so.

In addition, the LexisNexis Automated Florida Probate Forms system includes extensive federal tax forms that the user can assemble. For example, every version of the federal estate tax return (Form 706) is available. This system also bundles the HotDocs Player for those who do not own a full version of the HotDocs software.

The LexisNexis Automated Florida Probate Forms system costs $408 for the compact disk version, although an on line version (www.lexisone.com/store/catalog?action=product&id=982) is also available. Based on this editor’s limited use of this system, the CD-based LexisNexis system does not appear to have a time-based license. Updates are posted on the LexisNexis web site, which allows the user to update the forms and the system easily (although charges might apply if the user is updating from one year or version to the next).

ProDoc

ProDoc (www.prodoc.com/internet-site/florida/volume_descs/probate.asp) is certainly one of the most popular systems in Florida. It also offers systems for California and Texas and includes a variety of document assembly systems, including one for estate planning and one for probate.

ProDoc operates on its own engine/platform to produce documents for the user. Again, it has been some time since this editor used ProDoc, but, based on that last use, ProDoc provided relatively easy navigation and data collection. ProDoc also produces the Florida Department of Revenue forms, similar to the Collyer system above.

In this editor’s estimate, ProDoc is not as user-friendly as some of the other systems. For example, instead of collecting all required data in interview and intake forms and data fields, the user must manually complete portions of certain forms. To be fair, the HotDocs-based systems also require additional input when assembling certain forms. Overall, though, ProDoc is an effective system that now features an additional “Probate PowerPack” that includes probate accountings, inventory, and a “Probate Management System” that does indeed store some of the reusable data that the user must enter manually in the basic ProDoc probate system.

ProDoc offers monthly subscriptions for between $65 and $95 per month, depending on the package chosen. For a single title, such as the ProDoc Florida probate system, ProDoc charges $65 per month. ProDoc offers live Internet demonstrations at www.prodoc.com/internet-site/webinar/index.asp.

U.S. Court Forms

The U.S. Court Forms system (www.uscourtforms.com) is similar in concept to EstateWorks in that the subscription is Internet-based. The user can download forms in Microsoft Word or Adobe PDF format if he or she desires. In fact, the user would typically do that because he or she assembles each form for each probate matter.

The U.S. Court Forms system offers very flexible subscriptions. The user can pay per document if he or she prefers or subscribe to a particular library of forms for unlimited use. Like ProDoc, U.S. Court Forms offers a broad selection of legal forms for numerous practice areas. Probate is, of course, one of those areas.

Also similar to ProDoc, the U.S. Court Forms system offers an add-on feature to store the user data for probate matters. This Microsoft Word toolbar is called the “U.S. Court Forms Toolbar for Microsoft Word.” This feature costs more than the standard subscription but is probably worth the extra cost if the user handles a volume of probate (or other) matters.

The U.S. Court Forms web site touts its probate system as a better value at $250 per year. The web site also makes the point that no proprietary software is required (except for Microsoft Word or, if the user opts for it, the full version of Adobe Acrobat). But the data storage on some of those other platforms can generally store more client-specific data collected during the various interviews. You should certainly try the U.S. Court Forms system, which offers free access to non-interactive versions of all forms in its entire system (with free registration required).

The Future of AutomatedProbate Systems

The systems above and others offer an efficient means to automate your probate practice. As with any software program, each has advantages and disadvantages. The best approach is to gather as much information as possible about the system(s) and then try one or more on your own.

This editor would like to see several features in an automated probate system that he has not seen to date. First, no probate system seems to guide users from the beginning stage of an estate administration to the closing of it. This editor would like to see systems that produce “bundles” of forms based on the user’s responses. The Collyer system does this for the initial (or commencement) stage but not for other stages of the proceeding. Drafting systems can accomplish this with programming logic, and this editor sees no reason why an automated probate system could not do the same thing.

Second, along the lines of the first desired feature, this editor would welcome the ability to use templates or reusable answer files in an automated probate system. That can generally be accomplished now using a previous matter’s answers, but a systematic template creation tool would be preferable and seemingly more stable in terms of using the software. Sometimes, reusing an answer file can lead to data corruption, although most systems are so stable now that this does not happen (or rarely). In any event, creation of templates such as those described above would be valuable.

Third, this editor would appreciate a system that integrates with major case or practice management systems. Integration would allow critical dates to flow into the law firm’s entire calendaring system. EstateWorks provides this functionality within the system, but it does not seem to export. The Collyer system produces a critical date list based on the user’s input but only represented as a document or file. Calendaring packages such as CompuLaw do not seem to include this capability for probate matters.

Conclusion

Even if transfer taxes are forever repealed (which seems doubtful now), the probate practice will remain. You can use that typewriter you just can’t seem to give up, but producing probate pleadings with a typewriter is much more time-consuming than using a computer. The basic level of automated probate practice uses electronic forms but completes them on a case-by-case and form-by-form basis. The intermediate level includes some level of data collection and storage about clients and matters. The advanced level features an integrated system that stores nearly all data necessary to produce all probate forms, a few or numerous tax forms, and even accounting and inventory forms. Some of these systems expire within a set period of time, but others allow the user to use them for as long as he or she desires. Whether you have basic or advanced needs in your probate practice, you should survey these and other systems because they can definitely make your practice (and your life) much easier.

 

Vendor Information

 

Collyer’s Legal Software & Services, LLC

850 Cynthia Drive

Titusville, FL 32780

(321) 268-0627

www.collyerslegal.com

 

EstateWorks, Inc.

2 Clock Tower Place Suite 230

Maynard, MA 01754

(978) 461-1200

www.estateworks.com

 

LexisNexis Automated Forms

2222 South 950 East

Provo, UT 84606

(800) 223-1940

www.lexis.com/forms

 

ProDoc, Inc.

962 Coronado Boulevard

Universal City, TX 78148

(800) 759-5418

www.prodoc.com

 

U.S. Court Forms

c/o American LegalNet, Inc.

16133 Ventura Boulevard Suite 264

Encino, CA 91436

(818) 817-9225

www.uscourtforms.com