For many probate professionals, reforming the system won't mean extra work. They're already doing things the right way.

While some judges regard their time in probate court as a long nap, others take seriously their duty to deceased Floridians and grieving heirs. Pinellas-Pasco Circuit Judge Thomas E. Penick Jr. is one who cares.

Penick has forged a statewide reputation as a probate judge who doesn't sit back and wait for someone else to identify problem estates. Penick scours case files for warning signs, appoints independent investigators and cracks down on wayward executors and lawyers. With Penick's heavy caseload, that often means working from dawn to dark.

Other judges call Penick "The Hammer." He says, "I've never been a person to keep my mouth shut."

Judges have an easier job when the lawyers who appear before them are hard-working and honest. Recognizing that Florida law doesn't always require vital safeguards, these lawyers voluntarily take steps to protect the wishes of deceased clients and their loved ones.

St. Petersburg lawyer Thomas Churchill Dunn, for instance, advises clients against waiving estate accountings. When he administers an estate, Dunn says, he routinely prepares a detailed explanation of where the money went.

"I'm proud of our work and I want everybody to say, 'Yes I understand what's been done here,'" says Dunn. "It's a valuable protection that should only rarely be waived."

While the law doesn't require executors to obtain appraisals when selling estate goods, responsible professionals take the extra step. It's a way to insure that beneficiaries are getting the best price, and a protection against even the suggestion of back-alley deals.

"I always get them, always," says Charles Ian Nash, a Melbourne lawyer and co-chairman of the Florida Bar's probate consumer protection committee.

What's more, Nash said, he makes sure appraisers are objective. That means they aren't tempted to lowball a price on something they also plan to buy. Nash says, "Most reputable appraisers will not buy something they appraise."

While some lawyers are abusing Florida's probate fee law to inflate bills, others are behaving honorably. Although the law allows lawyers to charge hourly rates plus a percentage of the estate, St. Petersburg attorney Nancy E. Rutland charges strictly by the hour.

"It's fair," says Rutland, who charges between $155 and $195 an hour on most estates. "People pay for the services they're getting."

To lawyers like Rutland and judges like Penick, probate is more than an occasion to soak fees and push paper. It is a solemn opportunity: to carry out final wishes, to insure a final dignity.