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

CRITICAL

Applies to

Motion and order

Must include

case number

All motions and orders must include the case number and correct division.

All motions/orders shall include the case number as well as the correct division.

CRITICAL

Applies to

Hearing date request

Probate/Guardianship hearing requests are scheduled through the judicial assistant after the motion is filed. Requests for a hearing date should be sent by e-mail to kimberly.eaton@flcourts1.gov and the request should include all parties.

Probate/Guardianship hearing requests are scheduled through the judicial assistant after the motion is filed. Requests for a hearing date should be sent by e-mail to kimberly.eaton@flcourts1.gov and the request should include all parties.

CRITICALCivil cases

Applies to

Order determining homestead exemption

An Order Determining Homestead Exemption must be entered.

Order Determining Homestead Exemption entered?

CRITICALCivil cases

Applies to

Order determining family allowance

An Order Determining Family Allowance must be entered.

Order Determining Family Allowance entered?

CRITICAL

Applies to

Proposed order

Must include

case number

Proposed orders must identify the case name, case number, and document title.

Please e-mail ALL proposed orders in Microsoft Word with the case name, number and title of document (Ex. Jones 18 CF 1111 Order to Withdraw) to the appropriate e-mail address:

CRITICALCivil cases

Applies to

Affidavit

An affidavit stating that no Florida tax is due must be filed as described in 198.32.

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

CRITICALCivil cases

Applies to

Petition to determine homestead exemption

The Petition to Determine Homestead Exemption must be filed as referenced in 5.405.

Petition to Determine Homestead Exemption filed? 5.405

CRITICALCivil cases

Applies to

Will

The original will must be filed, or an authenticated copy must be filed for ancillary administration.

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

CRITICALCivil cases

Applies to

Petition for summary administration

The petition must include the listed petitioner, decedent, beneficiary, trust, venue, and foreign-proceeding information, including a Notice of Trust when applicable.

4. 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

Petition for administration

The petition for administration must include the listed petitioner, decedent, beneficiary, venue, foreign-proceeding, trust, and estate-asset information.

Petition for Administration contains the following information: A statement showing interest of petitioner 5.200(a) Petitioner's name and address 5.200(a) Petitioner's attorney's name and office address 5.200(a) Name of decedent 5.200(b) Last known address of decedent 5.200(b) Decedent's last four social security numbers 5.200(b) Date and place of death of the decedent 5.200(b) State and county of decedent's domicile 5.200(b) Name, address of surviving spouse, if any, and beneficiaries/heirs 5.200(c) Relationship to the decedent 5.200(c) Year of birth of any minor beneficiaries 5.200(c) 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 5.200(d) A statement as to whether domiciliary proceedings are pending in another state or country 5.200(f) Name and address of foreign personal representative and Court issuing letters, if any 5.200(f) A statement showing approximate value and nature of assets 5.200(g)

CRITICALCivil cases

Applies to

Petition to determine family allowance

The Petition to Determine Family Allowance must be filed as referenced in 5.407.

Petition to Determine Family Allowance filed? 5.407

CRITICALCivil cases

Applies to

Petition for administration

For a testate estate, the petition must identify the unrevoked wills and codicils presented for probate, address any other unrevoked wills or codicils, and state where the original will or qualifying authenticated copy is located or submitted.

A statement in a testate estate that: 5.200(i)(j) 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 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

Petition for administration

The verified petition must comply with the cited rules and be signed by the petitioner and attorney.

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

CRITICALCivil cases

Applies to

Death certificate

A certified death certificate must be filed.

Certified Death Certificate Filed?

CRITICALCivil cases

Applies to

Ancillary administration

Formal notice is required in ancillary administration.

Formal notice 5.470(b)(1)/(2)

CRITICALCivil cases

Applies to

Proof of publication

Proof of publication of the Notice to Creditors must be filed.

Proof of Publication of Notice of Creditors filed? 5.241

CRITICALCivil cases

Applies to

Petition to determine beneficiaries

The Petition to Determine Beneficiaries must be filed as referenced in 5.385.

Petition to Determine Beneficiaries filed? 5.385

CRITICALCivil cases

Applies to

Petition for administration

If the petitioner is a nonresident, the petition must show that the petitioner is qualified to serve.

If Petitioner is a nonresident, does Petition show that he/she is qualified to serve? 733.304

CRITICALCivil cases

Applies to

Ancillary administration

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

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

CRITICALCivil cases

Applies to

Oath of personal representative and designation of registered agent

The oath of personal representative and designation of registered agent must be notarized.

Notarized 5.235(a)(3) / 5.320

CRITICALCivil cases

Applies to

Waiver

If the Report of Distribution is not filed, waivers must be filed as described in 5.180(b).

If Report of Distribution is not filed are waivers filed as described in 5.180(b)?

CRITICALCivil cases

Applies to

Petition for summary administration

The court must be informed whether the original will is already with the court, accompanies the petition, or an authenticated copy from another jurisdiction accompanies it.

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

Petition for summary administration

The petition must include a proposed schedule identifying all assets and the person to whom each asset will be distributed.

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

Final accounting

The Final Accounting must be filed in accordance with 5.400(c).

Final Accounting filed in accordance with 5.400(c)?

CRITICALCivil cases

Applies to

Petition for administration

The petition must show the petitioner's priority to serve as personal representative.

Does the Petition Show Priority of Petitioner to Serve as Personal Representative: 5.200(e)

CRITICALCivil cases

Applies to

Federal estate tax closing letter

Federal Estate Tax Closing Letter filed?

Federal Estate Tax Closing Letter filed?

CRITICALCivil cases

Applies to

Petition for summary administration

The petition must state that, in a testate estate, the will does not direct administration and that either the nonexempt estate value does not exceed $75,000 or the decedent has been dead for more than two years.

6. Does the Petition Contain Facts that Entitle Decedent's Estate to Summary Administration? In a testate estate, that the decedent's will does not direct administration as required by 5.530(a)(6) / 733 / 735.201(1) A statement 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)]

CRITICALCivil cases

Applies to

Notice or consent

If the petitioner is not entitled to preference in a testate estate, notice or consent is required.

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

CRITICALCivil cases

Applies to

Beneficiary list

The checklist tracks each beneficiary’s consent or date served.

3. List of Beneficiaries 1. Consent ( ) or Date Served ( \ \ ) 2. Consent ( ) or Date Served ( \ \ ) 3. Consent ( ) or Date Served ( \ \ ) 4. Consent ( ) or Date Served ( \ \ ) 5. Consent ( ) or Date Served ( \ \ )

CRITICALCivil cases

Applies to

Will

The original will must be filed, or an authenticated copy must be filed in an ancillary proceeding.

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

CRITICALCivil cases

Applies to

Petition for administration

For an intestate estate, the petition must state that each petitioner is unaware of any unrevoked will or codicil, or explain why any such will or codicil is not being probated.

A statement in an intestate estate that: 5.200(h) Each Petitioner is unaware of any unrevoked wills or codicils, or Why the wills or codicils are not being probated

CRITICAL

Applies to

Proposed order

Must include

case number

Each proposed order must be titled with the case name, case number, and document title.

Please title the document with the case name, case number and title of the document. (Ex. Jones 18 CP 1111 Order of Discharge).

CRITICALCivil cases

Applies to

Order determining beneficiaries

An Order Determining Beneficiaries must be entered.

Order Determining Beneficiaries entered?

CRITICALCivil cases

Applies to

Ancillary administration filing

Ancillary administration requires authenticated copies of the listed documents and formal notice.

Ancillary Administration 5.470 / 734.102 Authenticated copies: ( ) Will ( ) Petition ( ) Order admitting will ( ) Letters 5.470(a)(1) Formal notice 5.470(b)(1)/(2)

CRITICALCivil cases

Applies to

Waiver

If the Petition for Discharge does not show compensation or how it was determined, waivers must be filed as described in 5.180(b).

If Petition for Discharge does not show compensation or the manner to determine compensation, are waivers filed as described in 5.180(b)?

CRITICALCivil cases

Applies to

Order determining exempt property

An Order Determining Exempt Property must be entered.

Order Determining Exempt Property entered?

CRITICALCivil cases

Applies to

Petition to establish lost will

If a copy of the will is filed, a petition to establish the lost will that complies with the cited provisions must also be filed.

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

CRITICALCivil cases

Applies to

Death certificate

A death certificate for any deceased beneficiaries must be filed.

Death Certificate of any beneficiaries filed?

CRITICALCivil cases

Applies to

Petition for summary administration

The petition must address estate indebtedness by stating that all creditor claims are barred, or by documenting the required creditor search and inquiry and the estate’s debt status or creditor details.

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)

CRITICALCivil cases

Applies to

Petition for summary administration

If a debt is not provided for in full in the proposed distribution order, the petition must state who will pay it, include the creditor’s written consent to substitution or assumption, state any compromise amount, and give payment terms and liability limitations.

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

Petition to establish lost will

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

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

CRITICALCivil cases

Applies to

Petition for summary administration

The petition must be filed by a beneficiary, an heir at law, or a person nominated as personal representative.

7. Is the Petition Filed By: Beneficiary Heir at law Person nominated as personal representative 735.203(1)

CRITICAL

Applies to

Courtesy copy pdf

The PDF must include a table of contents.

The PDF must be searchable, contain a table of contents, and bookmarks for each item.

CRITICAL

Applies to

Proposed order

A proposed order that does not list service recipients will be rejected.

Failure to list service recipients on the Proposed Order will result in the Proposed Order being rejected.

CRITICAL

Applies to

Proposed order

Proposed orders must include the names and email addresses of all parties who need to receive e-service of the Court’s order.

Proposed Orders MUST include the names AND e-mail addresses of all parties who need to receive e-service of the Court’s Order.

CRITICAL

Applies to

Order

Every order must include the specified DONE AND ORDERED language above the Judge’s signature block.

ALL ORDERS SHALL CONTAIN THE FOLLOWING LANGUAGE ABOVE THE JUDGE’S SIGNATURE BLOCK: DONE AND ORDERED in Chambers, Okaloosa County, Fort Walton Beach, Florida.

CRITICAL

Applies to

Order

Every order must include the specified service and Certificate of Compliance language below the Judge’s signature block.

ALL ORDERS SHALL CONTAIN THE FOLLOWING LANGUAGE BELOW THE JUDGE’S SIGNATURE BLOCK: Pursuant to Administrative Directive OCAD2016-04, in cases where one party is unrepresented (pro se), it is the responsibility of the attorney in the case to serve within five (5) business days, this order upon any pro se party who does not have access to nor is a registered user of the Florida Courts E-Filing Portal. The attorney shall prepare and file a Certificate of Compliance within five (5) business days as proof of the attorney's service upon the pro se litigant(s). In cases where both parties are pro se, the Clerk shall have the responsibility to serve copies of any orders on the pro se litigant(s). and shall file a Certificate of Compliance as proof of service within five (5) business days.

CRITICAL

Applies to

Proposed order

Every proposed order must list its service recipients.

Service Recipients must be listed on every proposed Order.

CRITICAL

Applies to

Hearing cancellation

Canceling a hearing set by Court Order requires both sides’ stipulation and a written record of the reason for cancellation.

If the hearing was set by Court Order, it will require the stipulation of both sides and something in writing for the record to document the reason for the cancellation.

CRITICAL

Applies to

Certificate of compliance

The attorney must prepare and file a Certificate of Compliance within five business days as proof of service on the pro se litigant.

The attorney shall prepare and file a Certificate of Compliance within five (5) business days as proof of the attorney's service upon the pro se litigant(s).