First Judicial Circuit of Florida, Escambia, Okaloosa, Santa Rosa and Walton Counties Service and Proof of Service Rules

CRITICALCivil cases

If a creditor is involved, Notice to Caveator must be sent when Letters are issued.

If a creditor-send Notice to Caveator when Letters are issued 5.260(e)

CRITICALCivil cases

Proof of Service to Spouse filed?

Proof of Service to Spouse filed?

CRITICALCivil cases

Formal notice is required in ancillary administration.

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

CRITICALCivil cases

Each heir at law in an intestate estate must be served as required by section 5.340(d).

Each Heir at Law in an intestate estate served as required by 5.340(d)?

CRITICAL

Deadline

5 business days

Applies to

Order or judgment

The sole attorney must serve the order or judgment within five business days on an unrepresented party who lacks access to and is not registered on the Florida Court ePortal.

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

If a creditor-send Notice to Caveator when Letters are issued 5.260(e)

If a creditor-send Notice to Caveator when Letters are issued 5.260(e)

CRITICALCivil cases

[If an heir-notify attorney, must serve formal notice before further action may be taken 5.260(f)

[If an heir-notify attorney, must serve formal notice before further action may be taken 5.260(f)

CRITICAL

If the caveator is a creditor, notice to the caveator must be sent when Letters are issued.

If a creditor-send Notice to Caveator when Letters are issued 5.260(e)

CRITICAL

If a caveat has been filed, formal notice must be served on the caveator before further action on the petition for summary administration.

If caveat has been filed, notify attorney, must serve formal notice on the Caveator before further action can be taken on Petition for Summary 5.260(f)

CRITICALCivil cases

Notice of the Federal Tax Return must be served on all interested parties.

Notice of Federal Tax Return served on all Interested Parties?

CRITICALCivil cases

Proof of Service to all persons who may be entitled to exempt property served?

Proof of Service to all persons who may be entitled to exempt property served?

CRITICALCivil cases

All other interested persons who requested the Inventory in writing must be served as required by section 5.340(d).

All other interested person(s), who have requested the Inventory in writing, served as required by 5.340(d)?

CRITICALCivil cases

Proof of service on each heir at law must be filed.

Proof of Service to Each Heir at Law filed?

CRITICALCivil cases

Formal notice must be served on any heir, beneficiary, or creditor who does not join in or consent to the petition.

Has formal notice been served on any heir, beneficiary, or creditor not joining or consenting to the Petition? 5.530(b) / 735.203(1)

CRITICALCivil cases

Proof of service on all other interested persons must be filed.

Proof of Service to all other interested person(s) filed?

CRITICALCivil cases

Proof of service on all beneficiaries must be filed.

Proof of Service to all beneficiaries filed?

CRITICALCivil cases

The surviving spouse must be served as required by section 5.340(d).

Surviving spouse served as required by 5.340(d)?

CRITICALCivil cases

If service of the Notice to Creditors on the Department of Revenue is required, the Department must be served.

Was Notice to Creditors required to be served on Department of Revenue? If so, was Department of Revenue served?

CRITICALCivil cases

Proof of service of the Inventory must be filed.

Proof of Service of Inventory filed?

CRITICALCivil cases

The Notice to Creditors must be served on the Agency for Health Care Administration as required by section 733.2121(d).

Notice to Creditors has been served on Agency for Health Care Administration as required by 733.2121(d)?

CRITICAL

Applies to

Notice of hearing

The moving party must serve the Notice of Hearing.

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

CRITICALCivil cases

The surviving spouse must be served with the Notice of Administration as required by section 5.240(a)(1).

Surviving spouse served? 5.240(a)(1)

CRITICAL

Applies to

Signed order or judgment

The submitting party or counsel must provide copies to parties omitted from the service list.

It is the responsibility of the submitting party/counsel to provide copies to any party not included on the service list.

CRITICALCivil cases

All persons who may be entitled to exempt property must be served as required by section 5.240(a)(4).

All persons who may be entitled to exempt property as defined in 732.402 served? 5.240(a)(4)

CRITICALCivil cases

Proof of service on each qualified beneficiary of the trust must be filed.

Proof of Service to each qualified beneficiary of the trust filed?

CRITICALCivil cases

Proof of service on the Agency for Health Care Administration must be filed.

Proof of Service to Agency for Health Care Administration filed?

CRITICALCivil cases

The trustee of a trust must be served as described in section 733.707(3) and section 5.240(a)(3).

Trustee of trust served as described in 733.707(3)? 5.240(a)(3)

CRITICALCivil cases

All other known creditors must be served, and proof of service must be filed.

All other known creditors have been served and Proof of Service has been filed?

CRITICALCivil cases

Applies to

Order of discharge

Service

Mail

After discharge, mail a certified copy of the Order of Discharge to the bonding company, if one exists.

- Mail certified copy of Order of Discharge to bonding company, if any.

CRITICALCivil cases

All beneficiaries must be served as required by section 5.240(a)(2).

All beneficiaries served? 5.240(a)(2)

CRITICAL

Applies to

Signed order

Service

Electronic service to all parties

Attorneys and self-represented litigants must provide an email address for receiving signed orders electronically unless excused.

All attorneys and self-represented litigants must provide an email address to receive signed orders electronically, unless excused.

CRITICAL

Provide courtesy copies of case law and legal memoranda to the opposing side five days before the hearing.

Must be provided to opposing side five (5) days prior to hearing.

CRITICAL

Applies to

Notice of hearing

Serve the 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

Service

Electronic service to all parties

Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

All attorneys and self-represented litigants must make and receive service by email, which is generally through the Florida Courts E-Filing Portal, unless excused.

CRITICAL

Serve the notice of hearing immediately after reserving hearing time.

A notice of hearing must be filed and served immediately after reserving hearing time.

CRITICALCivil cases

All beneficiaries must be served and proof filed, or signed waivers filed for beneficiaries who are not served.

All beneficiaries served? 5.240(a)(2) Proof of Service to all beneficiaries filed? If all beneficiaries are not served are waivers signed and filed as required by 5.240(e)?

CRITICALCivil cases

All persons who may be entitled to exempt property must be served and proof filed, or signed waivers filed for those not served.

All persons who may be entitled to exempt property as defined in 732.402 served? 5.240(a)(4) Proof of Service to all persons who may be entitled to exempt property served? If all persons are not served are waivers signed and filed as required by 5.240(e)?

CRITICALCivil cases

The Notice to Creditors must be served on the Agency for Health Care Administration, and proof of service filed.

Notice to Creditors has been served on Agency for Health Care Administration as required by 733.2121(d)? Proof of Service to Agency for Health Care Administration filed?

CRITICALCivil cases

Other interested persons who requested the Inventory in writing must be served as required by 5.340(d), and proof of service filed.

All other interested person(s), who have requested the Inventory in writing, served as required by 5.340(d)? Proof of Service to all other interested person(s) filed?

CRITICALCivil cases

The trustee must be served and proof filed, or a signed waiver filed if the trustee is not served.

Trustee of trust served as described in 733.707(3)? 5.240(a)(3) Proof of Service to trustee filed? If trustee is not served are waivers signed and filed as required by 5.240(e)?

CRITICALCivil cases

All other known creditors must be served, and proof of service filed.

All other known creditors have been served and Proof of Service has been filed?

CRITICALCivil cases

The surviving spouse must be served as required by 5.340(d), and proof of service filed.

Surviving spouse served as required by 5.340(d)? Proof of Service to spouse filed?

CRITICALCivil cases

The surviving spouse must be served, with proof filed, or a signed waiver filed if not served.

Surviving spouse served? 5.240(a)(1) Proof of Service to Spouse filed? If surviving spouse is not served is waiver signed and filed as required by 5.240(e)?

CRITICALCivil cases

Each heir at law in an intestate estate must be served as required by 5.340(d), and proof of service filed.

Each Heir at Law in an intestate estate served as required by 5.340(d)? Proof of Service to Each Heir at Law filed?

CRITICALCivil cases

Notice of the Federal Tax Return must be served on all interested parties.

Notice of Federal Tax Return served on all Interested Parties?

CRITICALCivil cases

When each trustee is also a personal representative, each qualified trust beneficiary must be served and proof filed, or a signed waiver filed if not served.

If each trustee is also a personal representative, has each qualified beneficiary of the trust as defined in 731.201(2) been served? 5.240(a)(3) Proof of Service to each qualified beneficiary of the trust filed? If qualified beneficiary of the trust is not served are waivers signed and filed as required by 5.240(e)?

CRITICALCivil cases

The Petition for Discharge must be served on all interested persons as specified in 5.400(c).

Petition for Discharge served on all interested persons? 5.400(c)

CRITICALCivil cases

All interested persons must be served in connection with the Final Accounting.

Were all Interested Persons served?

CRITICALCivil cases

Formal notice is required in ancillary administration.

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

Each residuary beneficiary in a testate estate must be served as required by 5.340(d), and proof of service filed.

Each residuary beneficiary in a testate estate served as required by 5.340(d)? Proof of Service to each residuary beneficiary filed?