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Probate Model Recordkeeping Procedures

Probate Model Recordkeeping Procedures. 2014 WRIPA Conference Amber Peterson Jacob Wilson. Overview of Presentation. Finding Model Recordkeeping Procedures on CourtNet Probate Model Recordkeeping Procedures: resolving variations in county practice How to reopen closed cases

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Probate Model Recordkeeping Procedures

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  1. Probate Model Recordkeeping Procedures 2014 WRIPA Conference Amber Peterson Jacob Wilson

  2. Overview of Presentation • Finding Model Recordkeeping Procedures on CourtNet • Probate Model Recordkeeping Procedures: resolving variations in county practice • How to reopen closed cases • How to handle trusts • Switching between informal and formal probate • Closing cases in extension maintenance • Firearms update

  3. Model Recordkeeping Procedures (MRPs) • Probate procedures include: • Formal and Informal Probate • Special Administration • Summary Assignment and Settlement • General procedures include: • Filed and received documents for registers • Change of venue • Confidentiality and sealing • Scanning procedures

  4. CourtNet – Finding MRPs

  5. CourtNet – Finding MRPs

  6. CourtNet – Finding MRPs

  7. CourtNet – Finding MRPs

  8. CourtNet – Finding MRPs

  9. MRPs: Reopening a Closed Case • Question: • What do I do when someone petitions to reopen a closed probate case? • Different ways counties handled it in the past: • Reopen original case using same case number • Open new case using original case number and alpha suffix (“R”) • Open new case with completely new case number

  10. MRPs: Reopening a Closed Case • Model procedure outlined in MRPs: • Reopen the original case using the same case number (no alpha suffix) • Note: When reopening a closed case, the clock will start counting from the day the case was closed and not from when the case was originally filed • If case requires a new class code (e.g. special admin), change original class code to new one • See “Reopening a Closed Probate Case” in Probate MRPs

  11. MRPs: Reopening a Closed Case • Problems with opening a new case • Inflates the number of cases in statistical reports • Distorts data related to case processing goals • Makes ad-hoc CCAP research more difficult

  12. CCAP Research

  13. MRPs: Trusts • Question: • How should trusts be filed? Should they be placed in the probate case or given their own case number? • How counties handled this in the past: • Open a separate trust case, using an alpha suffix • File in the probate case and use trust class code • New case with trust class code and cross-referenced with probate case

  14. MRPs: Trusts • Model procedure outlined in MRPs: • Use same case number as original probate case and add alpha suffix (e.g. 14PR15T; for multiple trusts, 14PR15TA, 14 PR15TB, etc.) • Cross reference the trust and probate cases • See “Opening and Closing Testamentary Trusts in Formal or Informal Probate” section of Probate MRPs

  15. MRPs: Trusts • Trusts need a separate case number (by alpha suffix) and class code • Can search class code for trust account • Trusts tracked separately in reports • Many separate trusts affiliated with one group of assets

  16. MRPs: Switching from Informal to Formal Probate • Questions: • What do I do when someone’s application for informal administration is denied and they petition for formal administration? • What do I do when there’s a demand for formal proceedings from informal? • How counties handled it in the past: • Application for informal case given one case number, petition for formal case given another • Same case number, but alpha suffix used • Same case number, but switch class code

  17. MRPs: Switching from Informal to Formal Probate • Model procedure outlined in MRPs: • If application for informal probate is denied and parties petition for formal admin, reopen case using same case number, change class code to formal • See “Informal Probate” section of Probate MRPs • If there is a demand for formal probate, use same case number and change class code from informal to formal. Change court official from registrar to judge. Change class code and court official back, if necessary • See “Demand for Formal Proceedings” section of Probate MRPs

  18. MRPs: Switching from Informal to Formal Probate • Adding a new case would falsely inflate case statistics • 1 informal # and 1 formal # for the same case! • Distorts data for case processing goals • Statistics should be considered “snapshots” • Statistics should accurately reflect reality • Having 1 case influx is more accurate than 2 static cases

  19. MRPs: Extension Maintenance • Certain codes stop the clock and place cases in Extension (ES) maintenance: • TCOF (Tax Clearances are Outstanding – Federal) • TCOS (Tax Clearances are Outstanding – State) • When tax clearances are filed, enter EXR (Extension Resolved) to remove maintenance • This must be done before closing a case • A case closed in maintenance will not be counted • See “Petition for Extension of Time and Closing Estates” section of Probate MRPs

  20. Firearms Reporting Requirements • RIPS have 2-part firearms reporting requirement to DOJ • GF-220 Reporting • Concealed Carry Reporting

  21. Firearms: GF-220 Reporting • When registers must report firearms to DOJ: • Individual committed under § 51.20 and ordered not to possess a firearm; • Individual committed under § 51.45 and ordered not to possess a firearm; • Guardian appointed under § 54.10 and individual ordered not to possess firearm; or • Protective placement ordered under § 55.08 or 55.12 and individual ordered not to possess firearm

  22. Firearms: GF-220 Reporting • Report info to DOJ using Report information using Adjudication and Prohibited Possession of Firearms Report (GF-220) • Send electronically via CCAP • For directions, in CCAP Case Management, select: • “Help” – “Procedures” – Magnifying glass • Type “GF-220” in “Find” bar and press Enter

  23. Firearms: Properly completing GF-220 Required Fields: Name Date of birth Sex Race (Enter “U” if unknown) Notes: ●Add all required info. Failure to means report will “error out.” ● For non-required fields, if you don’t know, just leave it blank. No “N/A” or “0.”

  24. Firearms: Removing restriction • When GN or ME case is terminated, firearms restrictions are not automatically terminated • Person must petition court and judge will determine if restriction can be lifted • If restriction is lifted, RIP will complete Adjudication and Prohibited Possession of Firearms Cancellation Report (GF-221) • Send to DOJ electronically (See CCAP Help for instructions)

  25. Firearms: Concealed Carry Reporting • Information required to be sent to DOJ for concealed carry: • ME: Individuals involuntarily committed under § 51.20 or § 51.45 • If INVC (Involuntarily Committed) is entered, case will automatically send to DOJ • GN: Individual found incompetent under Ch. 54 • If IF (Incompetency Found) is entered, case will automatically send to DOJ • For more information, see attached handout

  26. GF-220 vs. Concealed Carry Reporting • Info is sent only in cases where court orders firearm restriction • Info sent manually to DOJ via GF-220 report • Info is sent in all cases, regardless of whether court orders restrictions • Info sent automatically to DOJ via dispo codes Note: DOJ maintains two separate databases that are populated from different sources. Even if RIP adds INVC or IFdispos, if court orders firearm restrictions, RIP mustcomplete and send GF-220. GF-220 Reporting Concealed Carry Reporting

  27. Firearms: Notifying ward of restriction For GN cases, send ward Notice of Firearm Restriction (GN-4065) if ward is not present If firearms restrictions are ordered, “court shall inform the individual of the requirements and penalties under s. 941.29.” This form provides notification.

  28. New firearms legislation: 2013 Act 223 • Allows DOJ to disclose Ch. 51, 54, and 55 information for the following purposes: • When court needs to determine if person subject to injunction can have firearm returned • Various law enforcement functions • Allows court to order surrender of firearms when individual at risk injunction is granted • If court determines respondent may use firearm to cause harm to another or endanger public safety • Became effective April 10, 2014

  29. New firearms legislation: 2013 Act 321 • Requires court to schedule follow-up hearings to determine whether respondent complied with firearms surrender order • Applies only to civil domestic abuse, child abuse, individual at risk, and harassment injunction cases • Note: Legislation does not apply to ME or GN cases • Becomes effective November 1, 2014

  30. Contact Information Amber Peterson Office of Court Operations Ph: 608-267-7764 Email: amber.peterson@wicourts.gov Jacob Wilson Office of Court Operations Ph: 608-267-7336 Email: jacob.wilson@wicourts.gov

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