How to grow a probate practice: #1 Don’t start until you have these tools

This post is Part 1 of the series, How to Grow a Probate Practice.

If you want to grow a probate practice, you’ve got to have the right tools to accomplish your job. The tools you need can be divided into two types: forms and resources.

Forms

Probate is a forms-intensive practice area. Thankfully, there is no need to reinvent the wheel. For Minnesota attorneys, there are at least three probate forms systems available: the Minnesota CLE/Pro System, MSBA’s mndocs, and Miller Davis’ M/Docs System. During my practice, I have tried all three.

Miller-Davis
Avoid the Miller Davis system. It is the grandfather system: it predates the other two and it feels like it. If I remember correctly, I ended my subscription a year or two ago. They simply didn’t keep the program updated enough with changes in the law and the program itself was buggy. I was told at the time I ended the subscription that a major update was coming and that they were aware of problems in keeping it current. So perhaps things have changed (if so, let me know in the comments). Regardless, I’d still choose one of the other two systems. They both have the weight of the Minnesota bar community making them better all the time.

There are plus and minuses to the CLE/Pro and mndocs systems, but let me boil it down to what really matters.

CLE/Pro
CLE/Pro is much more expensive ($395 for the first year, $295 for subsequent years), but you get a much more comprehensive set of documents and they are formatted in the way “everyone is used to” who has practiced probate for a long time. You’ll often hear people say the CLE/Pro forms are the “standard forms.” That’s not really accurate, but nevertheless these forms are based on forms that have been around a long time and people (including judges) are used to seeing them. This system is very good and always up-to-date. You can’t go wrong with this one.

mndocs
The mndocs system is much cheaper ($25/year), but doesn’t have as many forms. That being said, probably 70% of probate cases involve using the exact same core set of forms every time. Maybe another 15-20% of probate cases involve forms that only CLE/Pro has and about 10-15% of the probate cases you get have an issue where there is no form and you have to invent your own. Bottom-line: mndocs has all the core forms you will need for probably 70%+ of your cases. As a bonus, mndocs also has forms for other practice areas included in the $25 yearly subscription.

My Pick
Get mndocs first, then add CLE/Pro if you find yourself doing a lot of probates, especially in counties outside the metro (even then, mndocs remains a good choice). Though the mndocs forms are the new kids on the block relative to the others, don’t let that concern you. These forms were created by the MSBA along with a group of seasoned probate practitioners across the state and even reviewed by some court personnel. Perhaps the best thing about the mndocs system for new probate attorneys is that the system is “smart.” This is hard to explain without seeing it. There are built in guides to help you as you answer questions about the estate. Meanwhile, it drafts documents behind the scenes. These guides prevent you from making routine mistakes along the way (unless you override them). It doesn’t make the forms fool-proof, but it certainly helps someone new to probate.

Word to the Wise
Whichever you choose, pick one and learn it well. Don’t delegate learning the program merely to your legal assistant or paralegal. If you have them, they should learn it too. But YOU need to learn it so that you can draft documents on the fly. Additionally, I’ve found that in the process of drafting the documents myself, I am forced to think through estate-related issues again. Many times I’ve caught myself using the wrong form or inputting the wrong data due to faulty information in my “estate information gathering” stage. Drafting the documents yourself gives you one more chance to review the probate data before you stand before a judge. I promise you, this one tip will save you time in the end and lessen the chance you’ll be embarrassed in front of your client because the judge rejects your documents. Do your own forms (I’ll explain the role of paralegals in Part 4 of this series).

Resources

While every decedent’s estate is different, the probate process itself is fairly routine, essentially following the same pattern every time depending on the type of probate you commence (i.e. formal supervised vs. formal unsupervised vs. informal, etc.). Even so, you need a good set of resources to turn to as you go through the process.

Before you start, you should take Minnesota CLE’s seminar “Minnesota Probate Practice A to Z” (search for it here). It really is the best way to learn probate quickly. After you’ve taken it, do it again the next year. You’ll learn even more the second time. Repeat the course every 2-3 years. You’ll just keep learning.

While you are at Minnesota CLE, buy the following resources. Get all of them if you can. Otherwise, buy them in this order:

1. Minnesota Estate Administration Deskbook: This is the manual for all phases of the probate process. If you buy only one resources, this is it. It is comprehensive. There are few matters you’ll encounter starting out that aren’t covered in this book. Study it and don’t let it leave your sight at your office. Every probate attorney needs their own.

2. Minnesota Probate Court Directory: Every county in Minnesota handles probate procedures differently. For example, some counties allow you to proceed informally under certain situations, where others require a formal proceeding. This directory gives you information you need to know for each county with relevant phone numbers. Keep this within arm’s reach from your phone and computer.

3. Minnesota Probate and Trust Law Statutory Deskbook: This deskbook contains relevant statutes and court rules for probate and trust law issues. Granted, you can get these online, but I still like the feel of the statutes in my hand and all in one place. Keep it readily available, maybe give it a bookshelf of its own, so you can fling it open at any moment and find laws you are searching for. I can’t tell you how many times I took a client phone call and reached for this book.

4. Probate By the Numbers: It is best to get this manual by going to the CLE by the same name (you might call to see if it is otherwise available). It contains in-depth coverage of number-oriented probate issues, such as the inventory, final account, and various tax returns common for estates. This is another CLE to attend more than once.

So there you have it– forms and resources– the tools you need to get started.

Have another resource you’d recommend? Tell us about it in the comments (note: it takes a few hours for a comment to show up because I manually approve them).

And in case you are wondering, no, I’m not paid to recommend these resources and these aren’t affiliated links.

Next Tuesday we continue the series with, “How to Make the Phone Ring with Business.” I might even throw in a few tips between now and then, so check out this blog’s automatic update options described in the first post.

Categorized in How to Grow a Probate Practice, Probate Practice and tagged as probate