First Judicial Circuit of Florida, Escambia, Okaloosa, Santa Rosa and Walton Counties Document Filing Requirements

CRITICAL

Applies to

Notice of hearing

Every notice of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICAL

Applies to

Emergency motion

A party seeking an emergency hearing must file a detailed motion identifying the issues, explaining why an emergency hearing is necessary, and stating the time needed for each party’s presentation.

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICALCivil cases

Applies to

Summary administration petition

The petition must contain the listed information about the petitioner, decedent, beneficiaries, trust, venue, and any proceedings or personal representative in another jurisdiction.

3. Does the Petition for Summary Administration Contain the Following Information? A statement showing interest of petitioner(s) 5.530(a)(1) Petitioner's name and address 5.530(a)(1) Petitioner's attorney's name and office address 5.530(a)(1) Name of decedent 5.530(a)(2) Last known address of decedent 5.530(a)(2) Decedent's last four social security numbers 5.530(a)(2) Date and place of death of the decedent 5.530(a)(2) State and county of decedent's domicile 5.530(a)(2) Names and addresses of surviving spouse/beneficiaries/heirs 5.530(a)(3) Relationship to the decedent 5.530(a)(3) Year of birth of any minor beneficiaries 5.530(a)(3) Trust beneficiaries included pursuant to 731.201(2)? If Trust/Trustee (of living trust) is a beneficiary, has Notice of Trust been filed? 736.05055(1) Statement of venue 5.530(a)(4) A statement whether domiciliary or principal proceedings are pending in another state or country 5.530(a)(5) Name and address of foreign personal representative and Court issuing letters, if any 5.530(a)(5)

CRITICALCivil cases

Applies to

Proposed order

A proposed order of summary administration is required.

Proposed Order of Summary Administration 5.530(a)(12)(d)

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing should identify all matters to be heard, the hearing length and location, and whether it will be in person or by Zoom.

The Notice should include all matters to be heard by the Court; the length of time for the hearing; the location of the hearing; and whether it is in person or by Zoom.

CRITICALCivil cases

Applies to

Proposed order

The proposed order of summary administration must specify the assets and the person to whom each is distributed.

Specific as to assets and to whom distributed

CRITICALCivil cases

Applies to

Affidavit of heirs

Provide information about grandchildren born to deceased children listed in section 5 and, if a grandchild has died, information about that grandchild's descendant.

Provide the following information regarding decedent's grandchildren, born only to the deceased children in section 5 above. If a grandchild has died, also provide the required information regarding the descendant of the deceased grandchild:

CRITICALCivil cases

Applies to

Form 56

File IRS Form 56 with a certified copy of the Order of Discharge and information about the person responsible for subsequent tax matters.

- File Form 56 (Notice Concerning Fiduciary Relationship) with IRS, together with a certified copy of the Order of Discharge and information about the person responsible for any subsequent tax matters.

CRITICALCivil cases

Applies to

Attorney certification

The attorney must certify that they personally reviewed the checklist and that it is accurate.

I certify that I have personally reviewed the foregoing checklist and it is accurate.

CRITICALCivil cases

Applies to

Proposed order for bond

Provide a proposed order for bond when applicable.

Proposed Order provided for Bond, if applicable 5.235(a)(2)

CRITICALCivil cases

Applies to

Affidavit of heirs

The affidavit must include the affiant's declaration under penalty of perjury that they have read it and that its facts are true.

Under penalties of perjury, I declare that I have read the foregoing Affidavit of Heirs and the facts stated therein are true.

CRITICAL

Applies to

Witness oath

If the will is not self-proved, an oath of a witness must be filed.

If not self-proved, an oath of witness is filed? 733.201(2)

CRITICALCivil cases

Applies to

Petition

If a copy of the will is filed, the checklist requires verification that a petition to establish the lost will has also been filed.

If a copy is filed, a petition to establish lost will complying with 5.510 & 5.025 and 733.207 has been filed?

CRITICALCivil cases

Applies to

Checklist and certification discharge

The checklist certification states that the attorney complied with the checklist and filed the required materials, and that submitting the checklist is an official statement subject to the cited statute.

I HEREBY CERTIFY that I have complied with the above checklist and filed the required pleadings and supporting documentation on the date indicated above in accordance with applicable Florida Statutes, Florida Probate Rules, local rules, administrative orders, and administrative memoranda. I understand that submission of this checklist is considered an official statement subject to Fla. Stat. §837.06.

CRITICAL

Applies to

Affidavit of heirs

Affidavit of Heirs filed if Pro Se’?

Affidavit of Heirs filed if Pro Se’?

CRITICALCivil cases

Applies to

Fee order

The fee order must be obtained before submitting the Final Report and discharge order.

Obtain order for fees prior to submitting Final Report and discharge order.

CRITICALCivil cases

Applies to

Summary administration petition

The original of decedent's will is in possession of the Court accompanies petition an authenticated copy of a will deposited with or probated in another jurisdiction accompanies the petition 5.200(j)

The original of decedent's will is in possession of the Court accompanies petition an authenticated copy of a will deposited with or probated in another jurisdiction accompanies the petition 5.200(j)

CRITICALCivil cases

Applies to

Federal estate tax closing letter

Federal Estate Tax Closing Letter filed?

Federal Estate Tax Closing Letter filed?

CRITICAL

Applies to

Notice of hearing

The moving party must prepare, serve, and file the Notice of Hearing.

The moving party must prepare, serve, and file the Notice of Hearing.

CRITICALCivil cases

Applies to

Petition

The petition must be verified and signed by the applicable persons identified in the checklist.

Verified 5.530(a) / 735.203(1) Signed by surviving spouse 735.203(1) Signed by heirs at law or beneficiaries who are sui juris 735.203(1) Signed by guardian of any heir/beneficiary who is not sui juris /incapacitated 735.203(2)(b) Signed by person(s) described by 735.203(2)(a) or (c) Signed by attorney 5.020(a)

CRITICALCivil cases

Applies to

Petition for administration

The petition must be signed by the petitioner and attorney and must be verified and comply with Rules 5.200 and 5.020(e).

Signed by petitioner 5.020(a) Signed by attorney 5.020(a) The verified petition complies with 5.200 and 5.020(e)

CRITICALCivil cases

Applies to

Summary administration petition

For an intestate estate, the petition must state that each petitioner is unaware of unrevoked wills or codicils, or explain why they are not being probated.

A statement in an intestate estate that: 5.530(a)(10) Each Petitioner is unaware of any unrevoked wills or codicils, or Why the wills or codicils are not being probated

CRITICALCivil cases

Applies to

Final report of guardian

The checklist requires the guardian’s Final Report under the cited statute.

Final Report of Guardian-Fla. Stat. §744.527

CRITICALCivil cases

Applies to

Proposed order appointing personal representative

Proposed Order Appointing P/R 5.235(a)(1) (may be combined with above Order)

Proposed Order Appointing P/R 5.235(a)(1) (may be combined with above Order)

CRITICALCivil cases

Applies to

Consent or proof of formal notice to next of kin

For a ward with no assets, the checklist requires consent or proof of formal notice to the ward’s next of kin.

Consent or Proof of Formal Notice to Ward’s Next of Kin (Ward had no assets)

CRITICALCivil cases

Applies to

Affidavit of heirs

If the decedent was survived by none of the classes in sections 5 through 12 but was predeceased by a spouse, provide the requested information about the last spouse's kindred, beginning with the spouse's children, and include information about descendants of deceased persons.

If the decedent was not survived by any members of the classes listed in section 5 through 12, but was predeceased by a spouse, provide the following information regarding the kindred of the decedent's last spouse (starting with the spouse's children). If descendant has died, indicate as such, and provide the required information regarding the descendant of the deceased person:

CRITICALCivil cases

Applies to

Guardian resignation or death certificate

When a successor guardian is being appointed, the checklist requires the guardian’s resignation or death certificate.

Resignation or Death Certificate of Guardian (When successor Guardian is being appointed)

CRITICALCivil cases

Applies to

Annual plan or statement plan not required

The checklist requires an annual plan for the current year unless a plan is not required because only a Guardian of the Property has been appointed.

Required Filings: Annual Plan for current year OR Plan not required as only Guardian of the Property has been appointed

CRITICALCivil cases

Applies to

Oath of personal representative and designation of registered agent

Provide a notarized oath of personal representative and designation of registered agent.

Oath of Personal Representative and Designation of Registered Agent Notarized 5.235(a)(3) / 5.320

CRITICAL

Applies to

Verified statement regarding creditors

A verified statement regarding creditors must be filed.

Verified Statement Regarding Creditors filed.

CRITICAL

Applies to

Oath

If the will is not properly executed, the proper oath must be provided.

If not, proper oath? 733.201(2) / (3)

CRITICALCivil cases

Applies to

Waiver of service

If the trustee is not served, a waiver must be signed and filed as required by section 5.240(e).

If trustee is not served are waivers signed and filed as required by 5.240(e)?

CRITICAL

Applies to

Proposed order

The proposed order must describe the property and address the decedent’s homestead, entitled persons, their interests, and how the property descended or was devised.

Shall describe real property (Legal Description) Shall determine whether real property constituted homestead of decedent; Identifies by name the person(s) entitled to homestead; Fill in Defines the interest of person(s) receiving the protected homestead; applicable Finds that the homestead property descended to or was validly devised.

CRITICAL

Applies to

Proposed order

Does the Proposed Order provide for a Life Estate for Spouse?

Does the Proposed Order provide for a Life Estate for Spouse?

CRITICALCivil cases

Applies to

Lost will proceeding

A lost- or destroyed-will proceeding checklist calls for a copy of the will, witness testimony, notice to those who would inherit without the will, and an order stating the will's full terms and provisions.

Establishment and probate of lost or destroyed will 5.510 / 733.207 Copy of will 5.510(b) Testimony of witness 5.510(c) / 733.207 If yes, mark boxes Notice to those who, but for the will, would inherit 5.510(d) on left Order states full terms & provisions 5.510(e)

CRITICAL

Applies to

Petition

The petition should be verified and signed by the petitioner and attorney.

Verified Signed by Petitioner Signed by attorney 5.020(a)

CRITICALCivil cases

Applies to

Proof of completion of guardianship education

The required-filings checklist includes proof of completion of guardianship education requirements.

Required Filings: Proof of Completion of Guardianship Education requirements-Fla. Stat. §744.3145; Fla. Prob. R. 5.625

CRITICALCivil cases

Applies to

Checklist certification

The required-filings checklist requires confirmation that no letters from the Clerk of Courts Auditor are pending or unresolved.

Required Filings: There are no pending or unresolved letters from the Clerk of Courts Auditor

CRITICALCivil cases

Applies to

Petition to pay guardian

The fees-and-expenses petition checklist requires a Petition to Pay Guardian.

Petition for Fees and Expenses: Petition to Pay Guardian

CRITICALCivil cases

Applies to

Affidavit of heirs

The affidavit must use the specified terms for unknown information, empty classes, deceased individuals without descendants, and heirs who have not died.

I have written "unknown" if I do not have knowledge of certain information; "none" where there are no individuals of a particular class; "no descendants" where an individual has died without any descendants; and "N/A" for the date of death for any heir who has not died.

CRITICAL

Applies to

Motion to withdraw or substitute counsel

For withdrawal or substitution of counsel, file the client’s written consent with the Clerk of Court, and opposing counsel, if any, must have no objection.

In accordance with Florida Rule of General Practice and Judicial Administration 2.505, written consent of the client must be filed with the Clerk of Court and opposing counsel (if any) must have no objection to the withdrawal/substitution.

CRITICALCivil cases

Applies to

Ancillary administration filing

Ancillary administration requires authenticated copies of the will, petition, order admitting the will, and letters.

Ancillary Administration 5.470 / 734.102 Authenticated copies: ( ) Will ( ) Petition ( ) Order admitting will ( ) Letters 5.470(a)(1)

CRITICALCivil cases

Applies to

Will

The checklist requires verification that the will was properly executed or, if not, that a proper oath is provided.

Properly executed? 732.502 | | | | | | | | If not, proper oath? 733.201(2) / (3)

CRITICAL

Applies to

Certified death certificate

The checklist calls for confirming that a certified death certificate has been filed.

1. Certified Death Certificate Filed?

CRITICALCivil cases

Applies to

Authenticated death certificate

The checklist requires an authenticated copy of the ward’s death certificate to be deposited.

Authenticated copy of Death Certificate of Ward has been deposited

CRITICALCivil cases

Applies to

Affidavit of heirs

The affidavit's jurat provides for the affiant to swear or affirm and subscribe before a notary, using physical presence or online notarization.

Sworn to (or affirmed) and subscribed before me, by means of † physical presence or † online notarization, this _____ day of __________, 20____, by __________________________________________, who is personally known to me and/or produced _____________________________________________ as identification.

CRITICALCivil cases

Applies to

Proposed order

A proposed order admitting the will or codicil is required.

Proposed Order Admitting Will/Codicil 5.530(c)

CRITICALCivil cases

Applies to

Affidavit of heirs

Provide information about the decedent's natural-born and adopted children, including children from any previous marriage or relationship.

Provide the following information regarding the decedent's natural born and adopted children. This includes any children of the decedent from any previous marriage or relationship.

CRITICAL

Applies to

Probate and guardianship checklists affidavits

The listed probate and guardianship checklists and affidavits are required for Santa Rosa County matters, subject to the stated homestead and intestacy qualifications.

Probate Checklists/Affidavits required for Santa Rosa County: Checklist for Opening Formal Administration Checklist for Closing Formal Administration Checklist for Summary Administration Checklist for Determining Homestead Status of Real Property (Required in both Formal and Summary Administration matters Affidavit of Heirs (Required in ALL Intestate matters, both Formal and Summary) Guardianship Checklists required for Santa Rosa County: Checklist and Certification-Attorney and Guardian Fees Checklist and Certification-Discharge

CRITICALCivil cases

Applies to

Petition for guardians fees

The checklist requires a petition for guardian’s fees.

Petition for Guardian’s Fees