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

CRITICALCivil cases

Applies to

Consent of successor guardian

The checklist requires the successor guardian’s consent under the listed consents.

Successor Guardian

CRITICAL

Applies to

Notice of hearing

If a hearing is held via Zoom, include the provided Zoom instructions and connection information in the Notice of Hearing.

If the hearing is to be held via Zoom, the following Zoom information needs to be included in the Notice of Hearing:

CRITICALCivil cases

Applies to

Petition

The petition must state that the estate value meets the stated limit or that the decedent has been dead for more than two years.

That the value of the entire estate subject to administration in this state, less the value of property exempt from claims of creditors: Does not exceed $75,000 5.530(a)(7) / 735.201(2) or Decedent has been dead for more than 2 years 735.201(2) [5.530(a)(7) (with respect to persons dying after 7/1/89) / 733.710(1)]

CRITICAL

Applies to

Notice of cancellation of hearing

If a Notice of Hearing has been filed, a Notice of Cancellation of Hearing is required to remove the hearing from the schedule.

If a Notice of Hearing has been filed for said hearing, then a Notice of Cancellation of Hearing is required to remove the hearing from the Court’s schedule.

CRITICALCivil cases

Applies to

Consent of personal representative of ward estate

The checklist requires the consent of the personal representative of the ward’s estate.

Consents of: Personal Representative of Ward’s Estate

CRITICALCivil cases

Applies to

Will

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

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

CRITICALCivil cases

Applies to

Letters of guardianship

The required-filings checklist requires that Letters of Guardianship have been previously entered.

Required Filings: Letters of Guardianship have been previously entered.

CRITICALCivil cases

Applies to

Order appointing guardian

The required-filings checklist requires that an Order Appointing Guardian have been previously entered.

Required Filings: Order Appointing Guardian has been previously entered.

CRITICAL

Formal notice or consent from interested parties is required.

Formal Notice or Consent by interested parties 5.040/5.041

CRITICALCivil cases

Applies to

Notice to nonresiduary beneficiaries

Written notice of their right to receive a written explanation of how the inventory value for each asset distributed to them, or proposed to be distributed to them, was determined; or

Written notice of their right to receive a written explanation of how the inventory value for each asset distributed to them, or proposed to be distributed to them, was determined; or

CRITICALCivil cases

Applies to

Checklist and certification discharge

The attorney completing the checklist certifies that they reviewed the applicable website checklist, filed the listed pleadings, and wrote each docket entry number beside its corresponding requirement.

I, , as the attorney of record, have reviewed the applicable checklist(s) on the 1st Judicial Circuit Court’s website, and filed the following pleadings to the Clerk of Court’s docket, for which I have written the docket entry number next to each of the corresponding requirements below:

CRITICALCivil cases

Applies to

Receipt of assets

The checklist includes a receipt-of-assets requirement with entries for the successor guardian, ward or estate, court registry, or no-assets status.

Receipt of Assets: Successor Guardian Ward (Attained Age of Majority Ward’s or Regained Capacity) Estate Court Registry No Assets

CRITICAL

Applies to

Emergency motion

File emergency motions with the Clerk’s office.

Emergency motions must be filed with the Clerk’s office.

CRITICAL

Applies to

Notice of hearing

Prepare, file, and serve a Notice of Hearing immediately after the hearing is set.

A Notice of Hearing must be prepared, filed and served immediately after the hearing is set.

CRITICAL

Applies to

Form 2.603

Use Form 2.603 to update contact information whenever the email account registered for electronic service changes.

It is the responsibility of the attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the email account registered for electronic service.

CRITICAL

Applies to

Notice of readiness

File a Notice of Readiness for a non-jury trial; if requesting three or more hours, contact the judge’s office to schedule a Case Management Conference.

File a Notice of Readiness for non-jury trial, contact the judge’s office to set a CMC if requesting three or more hours.

CRITICAL

Applies to

Notice of cancellation

File a Notice of Cancellation with the Clerk when cancelling a hearing.

A Notice of Cancellation must be filed with the Clerk.

CRITICAL

Applies to

Notice

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

All notices must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICAL

Applies to

Notice of hearing

Include the Zoom information in the Notice of Hearing when the hearing will be conducted by Zoom.

If hearing is to be conducted by Zoom, the Zoom information is to be included in the notice.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing must state the hearing date, time, type, motion name, docket line number, and location.

Notice of Hearings must include the date, time, type of hearing, motion name, docket line number and location of hearing.

CRITICAL

Applies to

Emergency motion

To ensure the Judge’s office receives the motion timely, make sure that you indicate when filing that it is an emergency

To ensure the Judge’s office receives the motion timely, make sure that you indicate when filing that it is an emergency

CRITICAL

Applies to

Motion to appear via zoom

For hearings of 30 minutes or more, file a Motion to Appear via Zoom; until it is granted, the hearing will be set in person.

Hearings of 30 minutes or more require that a Motion to Appear via Zoom be filed (the hearing can be set prior to filing a motion but it will be set as an In Person hearing until said time as the Motion to Appear via Zoom has been granted).

CRITICAL

Applies to

Notice of hearing

A hearing notice involving a remote appearance must include the judicial Zoom meeting ID and a call-in number for people unable to appear by video.

A notice of hearing involving any remote appearance must list the judicial Zoom meeting ID as well as the call-in number for individuals without the ability to appear via video.

CRITICAL

Applies to

Notice of hearing

After hearing time is confirmed, the scheduling party must file a Notice of Hearing identifying the hearing type, time, date, and location.

Once confirmed, the scheduling party is then required to file a Notice of Hearing, with the type of hearing, time, date and location.

CRITICAL

Applies to

Notice of hearing

Every notice of hearing must contain the ADA notification required by the cited Florida rule.

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

CRITICAL

Applies to

Motion

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

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.

CRITICAL

Applies to

Proposed judgment

A proposed judgment based on a defendant’s failure to appear at a Pre-Trial Conference must state that basis and include the date and type of process service afforded to the defendant.

If a proposed judgment is based on a defendant’s failure to appear for a Pre-Trial Conference, please include that information in the proposed judgment. Additionally, please include the date and type of process-service afforded to the defendant.

CRITICAL

Applies to

Proposed order

Each proposed order must include a cover letter stating that all parties agree or identifying any disagreement about the proposed order.

All proposed orders must be submitted in Microsoft Word format and be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.

CRITICAL

Applies to

Motion

Motions must be properly scheduled and noticed for the Court to address them.

The Court will not address any motions which have not been properly scheduled and noticed.

CRITICAL

Applies to

Proposed order

Proposed orders must list the names and email addresses of all parties who need to receive the signed order by electronic service.

Proposed orders must include the names and e-mail addresses of all parties who will need to receive e-service of the order once signed.

CRITICALCivil cases

Applies to

Written notice

Nonresiduary beneficiaries must receive written notice of their right to an explanation of asset values or a copy of any appraisal.

All nonresiduary beneficiaries have been provided: Written notice of their right to receive a written explanation of how the inventory value for each asset distributed to them, or proposed to be distributed to them, was determined; or Witten notice of their right to receive a copy of an appraisal, if any, of the assets.

CRITICALCivil cases

Applies to

Lost or destroyed will proceeding

Proceedings to establish and probate a lost or destroyed will require the will copy, witness testimony, notice to persons 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 Notice to those who, but for the will, would inherit 5.510(d) Order states full terms & provisions 5.510(e)

CRITICALCivil cases

Applies to

Petition for discharge

The Petition for Discharge must show compensation paid to the listed professionals and others employed by the personal representative, and how compensation was determined.

Petition for Discharge shows compensation paid to attorneys, accountants, personal representative(s) and others employed by the personal representative(s)? Petition for Discharge shows the manner of determining compensation?

CRITICALCivil cases

Applies to

Petition for discharge

A Petition for Discharge complying with 5.400 must be filed and signed by the Personal Representative as specified in 5.330(g).

Petition for Discharge Complying with 5.400 Filed Petition for Discharge signed by the Personal Representative? 5.330(g)

CRITICALCivil cases

Applies to

Petition to determine exempt property

The Petition to Determine Exempt Property must be filed as referenced in 5.406 and 732.402.

Petition to Determine Exempt Property filed? 5.406 / 732.402

CRITICALCivil cases

Applies to

Death certificate

A certified death certificate must be filed.

1. Certified Death Certificate Filed?

CRITICAL

Applies to

Probate case opening checklist

A checklist is required when opening any probate case.

Effective June 1, 2018, a checklist is required for opening all probate cases and closing formal administration cases.

CRITICALCivil cases

Applies to

Will

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

If not self-proved, an oath of witness is filed? 733.201(2) Proper oath? 733.201(2) / (3)

CRITICALCivil cases

Applies to

Petition for summary administration

The petition must be verified and signed by the applicable surviving spouse, competent heirs or beneficiaries, guardian, other persons specified by statute, and attorney.

8. Is the Petition Properly Executed? 735.203 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

Notice

If the petitioner is not entitled to preference in an intestate estate, notice must be given.

If not entitled to preference, notice given 5.201(b)

CRITICALCivil cases

Applies to

Waiver

If the Final Accounting is not filed, waivers from all interested parties must be filed in accordance with 5.180.

If Final Accounting was not filed, are waivers by all interested parties filed in accordance with 5.180?

CRITICALCivil cases

Applies to

Petition for summary administration

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]

CRITICALCivil cases

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

Waiver

If receipts are not filed, waivers must be filed as described in 5.180(b).

If receipts are not filed are waivers filed as described in 5.180(b)?

CRITICALCivil cases

Applies to

Designation of registered agent

The resident agent must accept the designation.

Resident Agent Accepted 5.110(d)

CRITICALCivil cases

Applies to

Lost will proceeding

For establishment and probate of a lost or destroyed will, the checklist calls for a copy of the will, witness testimony, notice to those who would inherit without the will, and an order stating its 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 Notice to those who, but for the will, would inherit 5.510(d) Order states full terms & provisions 5.510(e)

CRITICALCivil cases

Applies to

Petition for summary administration

The petition must provide the specified information about unrevoked wills and codicils in intestate and testate estates.

5. Has the Court Been Provided Information Relative to Existence of a Will? 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 If yes, mark boxes on left 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

Consent

If the Petition for Discharge has not been served, consents must be filed.

If Petition for Discharge has not been served, are consents filed?

CRITICALCivil cases

Applies to

Report of distribution

The Report of Distribution must be filed as required by 5.400(e).

Report of Distribution filed as required by 5.400(e)?

CRITICALCivil cases

Applies to

Receipt

Receipts from all beneficiaries or heirs must be filed.

Receipts from all beneficiaries/heirs filed?