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

CRITICALCivil cases

Applies to

Authenticated birth certificate

For discharge of a guardian of a minor, the checklist requires an authenticated copy of the ward’s birth certificate to be deposited with the Clerk of Courts.

Authenticated copy of Birth Certificate of Ward has been deposited with the Clerk of Courts (Discharge of Guardian of Minor)

CRITICALCivil cases

Applies to

Inventory

The required-filings checklist includes an Inventory under the cited statute and probate rule.

Required Filings: Inventory-Fla. Stat. §744.365; Fla. Prob. R. 5.340

CRITICALCivil cases

Applies to

Affidavit of heirs

Provide the requested information about the decedent's last spouse in the affidavit.

Provide the following information on the decedent's last spouse:

CRITICALCivil cases

Applies to

Annual accounting or memorandum to clerk

The checklist requires an annual accounting for the prior year or, for SSI, a memorandum to the Clerk of Court for the prior year.

Required Filings: Annual Accounting for prior year OR Memorandum to Clerk of Court (only SSI) for prior year

CRITICALCivil cases

Applies to

Will

The checklist requires verification that the will is self-proved and, where applicable, that the law and authority from the state of execution are provided.

Will is self-proved? 732.503, 733.201 If applicable, self-proved under law where executed; authority provided from other state where executed

CRITICALCivil cases

Applies to

Order paying attorneys fees and expenses

The proposed order paying attorney’s fees and expenses must be submitted through the E-Portal.

Proposed Order submitted through E-Portal: Order Paying Attorney’s Fees and Expenses

CRITICALCivil cases

Applies to

Petition

For a testate estate, the petition must state that the will does not direct administration.

In a testate estate, that the decedent's will does not direct administration as required by 5.530(a)(6) / 733 and 735.201(1)

CRITICAL

Applies to

Proposed order

Every proposed order must include the specified pro se service statement as its last paragraph before “DONE AND ORDERED.”

All proposed orders must include as the last paragraph (before DONE AND ORDERED) the following statement: In cases wherein one party is unrepresented (pro se), it is the responsibility of the sole attorney in the case to serve within five business days this [order or judgment] upon any pro se party who does not have access to and is not a registered user of the Florida Court ePortal.

CRITICALCivil cases

Applies to

Waivers and consents

The checklist requires waivers and consents to the petitions from all guardians or from a ward who has reached the age of majority.

Petition for Fees and Expenses: Waivers and Consents to petition(s) by all Guardian(s) or by Ward who has reached age of majority

CRITICALCivil cases

Applies to

Resident agent acceptance

The resident agent’s acceptance must be provided.

Resident Agent Accepted 5.110(d)

CRITICALCivil cases

Applies to

Waiver of service

If beneficiaries are not served, waivers must be signed and filed as required by section 5.240(e).

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

CRITICALCivil cases

Applies to

Affidavit of no florida tax due

The affidavit of no Florida tax due must be filed as described in section 198.32.

Affidavit of no FL tax due filed as described in 198.32?

CRITICALCivil cases

Applies to

Summary administration petition

For a testate estate, the petition must identify the unrevoked wills and codicils presented for probate and address any others.

A statement in a testate estate that: 5.530(a)(11) Identify all unrevoked wills and codicils being presented for probate; and Petitioner is unaware of any other unrevoked wills or codicils, or: A statement of why any other wills or codicils are not being probated

CRITICALCivil cases

Applies to

Proposed letters of administration

Provide proposed letters of administration.

Proposed Letters of Administration 5.235(b)

CRITICALCivil cases

Applies to

Affidavit of heirs

Provide the requested information about the decedent's aunts and uncles who were born to the deceased grandparents listed in section 10.

Provide the following information regarding the decedent's aunts and uncles, born only to the deceased grandparents listed in section 10 above:

CRITICAL

Applies to

Original will

The checklist calls for confirming that the original will has been filed.

Original Will filed?

CRITICALCivil cases

Applies to

Petition to pay attorneys fees and expenses

The fees-and-expenses petition checklist requires a Petition to Pay Attorney’s Fees and Expenses.

Petition for Fees and Expenses: Petition to Pay Attorney’s Fees and Expenses

CRITICALCivil cases

Applies to

Petition

The petition must include a proposed distribution schedule identifying all assets and the person receiving each asset.

A proposed schedule of distribution of all assets and the person to whom each asset is to be distributed 5.530(a)(12) / 735.206

CRITICALCivil cases

Applies to

Waiver of service

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

If surviving spouse is not served is waiver signed and filed as required by 5.240(e)?

CRITICALCivil cases

Applies to

Petition for discharge

The discharge checklist requires a Petition for Discharge in accordance with the cited statutes.

Petition for Discharge in accordance with Fla. Stat. §744.527, §744.528

CRITICALCivil cases

Applies to

Affidavit of heirs

Provide the requested information about qualifying cousins and, for a deceased cousin, indicate the death and provide the required information about that cousin's descendant.

Provide the following information regarding the decedent's cousins, born only to the deceased aunts and uncles listed in section 11 above. If a cousin has died, indicate as such, and provide the required information regarding the descendant of the deceased cousin:

CRITICAL

Applies to

Petition for determining homestead status

The homestead petition must contain the decedent’s date of death and domicile county, information identifying the surviving spouse or descendants and any minor children, the property’s legal description, and whether the property constituted the decedent’s protected homestead.

3. Does the Petition for Determining Homestead Status of Real Property Contain the Following Information? FPR 5.405(b) (1) the date of decedent’s death (2) the county of the decedent’s domicile at the time of death; (3) the name of the decedent’s surviving spouse/descendants; and whether they are minor children, identified with name and year of birth; (4) a Legal description of the property owned and resided on by the decedent; Whether the real property constituted the protected homestead of the decedent; 5.405(c)

CRITICALCivil cases

Applies to

Bond waivers

If all interested parties waive the personal representative’s bond, attach the waivers.

Bond waived by all interested parties and waivers are attached 5.235(c)

CRITICALCivil cases

Applies to

Affidavit of heirs

If the decedent was not survived by a spouse, descendant, or parent, provide information about the decedent's brothers and sisters.

If the decedent was not survived by a spouse, descendant, or parent, provide the following information regarding the decedent's brothers and sisters:

CRITICALCivil cases

Applies to

Checklist and certification

The attorney must certify compliance with the checklist and filing of the required pleadings and supporting documents, acknowledging that 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.

CRITICALCivil cases

Applies to

Petition for attorneys fees

The checklist requires a petition for attorney’s fees.

Petition for Attorney’s Fees

CRITICALCivil cases

Applies to

Detailed timesheets

The supporting documents checklist requires detailed timesheets that summarize fees and costs.

Supporting Documents: Detailed timesheets which include summary of fees and costs

CRITICALCivil cases

Applies to

Affidavit of heirs

Attach supplemental Affidavit(s) of Heirs when requested information does not fit in the space provided.

I will attach additional supplemental Affidavit(s) of Heirs as needed for any requested information that does not fit in the space provided.

CRITICALCivil cases

Applies to

Ancillary administration filing

The ancillary-administration checklist identifies authenticated copies of the will, petition, order admitting the will, and Letters, as well as formal notice.

Ancillary Administration 5.470 / 734.102 Authenticated copies: (_) Will (_) Petition (_) Order admitting will (_) Letters 5.470(a)(1) If yes, mark boxes Formal notice 5.470(b)(1)/(2) on left

CRITICALCivil cases

Applies to

Order restoring capacity

The checklist requires the ward’s order restoring capacity and an entry of the date it was entered.

Order Restoring Capacity of Ward was entered on

CRITICALCivil cases

Applies to

Petition

The petition must include a statement about estate indebtedness and the applicable creditor, debt, and payment information.

A statement in regard to the indebtedness of the estate 5.530(a)(9) That all creditors claims are barred; 5.530(a)(9)(A) or A statement that a diligent search and reasonable inquiry has been made for known or ascertainable creditors; 5.530(a)(9)(B) and ( ) That the estate is not indebted 5.530(a)(9)(B)(i) ( ) Name and address of each creditor, nature of debt, amount of debt, and when debt is due 5.530(a)(9)(B)(ii) If provision for payment of debt has been made other than for full payment in proposed order of distribution, the following shall be shown: The name of the person who will pay the debt. The creditor's written consent for substitution or assumption of the debt by another person. The amount to be paid if the debt has been compromised. The terms for payment by any limitations on the liability if the person paying the debt 5.530(a)(9)(B )(ii)

CRITICALCivil cases

Applies to

Summary administration petition

The checklist requires verification that a certified death certificate has been filed.

1. Certified Death Certificate Filed?

CRITICALCivil cases

Applies to

Petition

The petition must include a schedule of all estate assets and their estimated values, separately identifying homestead and exempt property.

A schedule of all assets of the estate and their estimated value 5.530(a)(8) [separately designating homestead and exempt property]

CRITICAL

The checklist requires filing either an affidavit of no Florida tax or federal closing letters.

Affidavit of No Florida Tax filed OR Federal Closing Letters filed.

CRITICALCivil cases

Applies to

Petition for administration

The Petition for Administration must contain the information enumerated in the checklist, including required information about the petitioner, decedent, beneficiaries, venue, assets, and wills.

3. Petition for Administration contains the following information:

CRITICALCivil cases

Applies to

Proof of publication of notice to creditors

Proof of publication of the Notice of Creditors must be filed as required by section 5.241.

Proof of Publication of Notice of Creditors filed? 5.241

CRITICALCivil cases

Applies to

Summary administration petition

For a lost or destroyed will, the checklist calls for the establishment and probate process and identifies a copy of the will and witness testimony.

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

CRITICALCivil cases

Applies to

Clerk of courts auditor letter

The required-filings checklist includes a Clerk of Courts Letter from the Auditor.

Required Filings: Clerk of Courts Letter from Auditor

CRITICALCivil cases

Applies to

Affidavit of heirs

If the decedent was not survived by a spouse, a descendant, a parent, a sibling, or niece/nephew, provide the following information for the decedent's grandparents:

If the decedent was not survived by a spouse, a descendant, a parent, a sibling, or niece/nephew, provide the following information for the decedent's grandparents:

CRITICALCivil cases

Applies to

Consent or proof of formal notice to beneficiaries

When the guardian is the personal representative of the ward’s estate, the checklist requires consent or proof of formal notice to the estate beneficiaries.

Consent or Proof of Formal Notice to Beneficiaries of Ward’s estate (when Guardian is Personal Representative of Ward’s Estate) Fla. Stat. §744.528

CRITICALCivil cases

Applies to

Affidavit of heirs

Provide information about nieces and nephews born to the deceased siblings listed in section 8 and, if a niece or nephew has died, information about that person's descendant.

Provide the following information regarding the deceased's nieces and nephews, born only to the deceased brothers/sisters listed in section 8 above. If a niece/nephew has died, also provide the required information regarding the descendant of the deceased niece/nephew:

CRITICALCivil cases

Applies to

Order paying guardian

The proposed order paying the guardian must be submitted through the E-Portal.

Proposed Order submitted through E-Portal: Order Paying Guardian

CRITICALCivil cases

Applies to

Filing in ward estate case

For a discharge due to the ward’s death, the checklist calls for a filing in the ward’s estate case with the Clerk of Courts and a case number.

Filed in Ward’s estate case with the Clerk of Courts (Discharge due to Death of Ward) Case Number:

CRITICAL

Applies to

Petition to establish lost will

If a copy of the will is filed, a petition to establish the lost will must also be filed in compliance with the cited rules.

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

The checklist certification includes fields for the date, attorney’s signature, printed name, bar number, and email address or addresses.

Dated: Attorney’s Signature Printed Name: Bar Number: Email Address(es):

CRITICALCivil cases

Applies to

Proposed order admitting will codicil

Provide a proposed order admitting the will or codicil.

Proposed Order Admitting Will/Codicil 5.530(c)

CRITICALCivil cases

Applies to

Order

The order must state its full terms and provisions.

Order states full terms & provisions 5.510(e)

CRITICALCivil cases

Applies to

Waivers and ward

The checklist includes waivers and the ward-related requirement when the ward has reached majority or regained capacity.

Waivers and Ward (Has reached age of majority or has regained capacity)

CRITICALCivil cases

Applies to

Affidavit of heirs

If the decedent was not survived by a spouse or any descendants, provide information about the decedent's parents.

If the decedent was not survived by a spouse or any descendants, provide the following information regarding the decedent's parents:

CRITICALCivil cases

Applies to

Will

The checklist requires verification that the original will or, for an ancillary proceeding, an authenticated copy has been filed.

Original will filed? (or authenticated copy for ancillary) 5.200(j)