Communication
Chambers
Document Format Requirements3 rules
Proposed orders must be in MS Word Format.
Document should be titled the same as the title of the order you are submitting. It is not necessary to include “proposed” in the title.
If yes, mark boxes on left
Formatting
- •If yes, mark boxes on left
Document Filing Requirements117 rules
Required Filings: Annual Plan for current year OR Plan not required as only Guardian of the Property has been appointed
Required Filings: Proof of Completion of Guardianship Education requirements-Fla. Stat. §744.3145; Fla. Prob. R. 5.625
Required Filings: There are no pending or unresolved letters from the Clerk of Courts Auditor
Petition for Fees and Expenses: Petition to Pay Guardian
Required Filings: Inventory-Fla. Stat. §744.365; Fla. Prob. R. 5.340
Required Filings: Annual Accounting for prior year OR Memorandum to Clerk of Court (only SSI) for prior year
Proposed Order submitted through E-Portal: Order Paying Attorney’s Fees and Expenses
Petition for Fees and Expenses: Waivers and Consents to petition(s) by all Guardian(s) or by Ward who has reached age of majority
Petition for Fees and Expenses: Petition to Pay Attorney’s Fees and Expenses
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.
Court's wording
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.
Supporting Documents: Detailed timesheets which include summary of fees and costs
Required Filings: Clerk of Courts Letter from Auditor
- Document
- Clerk of courts auditor letter
Must include
- •Clerk of Courts Letter from Auditor
Proposed Order submitted through E-Portal: Order Paying Guardian
Dated: Attorney’s Signature Printed Name: Bar Number: Email Address(es):
Required Filings: Letters of Guardianship have been previously entered.
Required Filings: Order Appointing Guardian has been previously entered.
If a copy is filed, a petition to establish lost will complying with 5.510 & 5.025 and 733.207 has been filed?
Properly executed? 732.502 | | | | | | | | If not, proper oath? 733.201(2) / (3)
Will is self-proved? 732.503, 733.201 If applicable, self-proved under law where executed; authority provided from other state where executed
1. Certified Death Certificate Filed?
Original will filed? (or authenticated copy for ancillary) 5.200(j)
If not self-proved, an oath of witness is filed? 733.201(2)
The petition must contain the listed information about the petitioner, decedent, beneficiaries, trust, venue, and any proceedings or personal representative in another jurisdiction.
Court's wording
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)
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)
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
For a testate estate, the petition must identify the unrevoked wills and codicils presented for probate and address any others.
Court's wording
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
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
Ancillary Administration 5.470 / 734.102 Authenticated copies: ( ) Will ( ) Petition ( ) Order admitting will ( ) Letters 5.470(a)(1)
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)
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
The petition must include a statement about estate indebtedness and the applicable creditor, debt, and payment information.
Court's wording
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)
A schedule of all assets of the estate and their estimated value 5.530(a)(8) [separately designating homestead and exempt property]
Order states full terms & provisions 5.510(e)
- Document
- Order
Include
- •Order states full terms & provisions
The petition must state that the estate value meets the stated limit or that the decedent has been dead for more than two years.
Court's wording
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)]
Proposed Order of Summary Administration 5.530(a)(12)(d)
- Document
- Proposed order
Include
- •Proposed Order of Summary Administration
Specific as to assets and to whom distributed
The petition must be verified and signed by the applicable persons identified in the checklist.
Court's wording
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)
Proposed Order Admitting Will/Codicil 5.530(c)
The affidavit must use the specified terms for unknown information, empty classes, deceased individuals without descendants, and heirs who have not died.
Court's wording
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.
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.
Provide the following information on the decedent's last spouse:
I will attach additional supplemental Affidavit(s) of Heirs as needed for any requested information that does not fit in the space provided.
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:
If the decedent was not survived by a spouse, descendant, or parent, provide the following information regarding the decedent's brothers and sisters:
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:
If the decedent was not survived by a spouse or any descendants, provide the following information regarding the decedent's parents:
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:
Provide the following information regarding the decedent's aunts and uncles, born only to the deceased grandparents listed in section 10 above:
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:
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:
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Heirs and the facts stated therein are true.
The affidavit's jurat provides for the affiant to swear or affirm and subscribe before a notary, using physical presence or online notarization.
Court's wording
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.
- 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.
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.
Court's wording
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.
Obtain order for fees prior to submitting Final Report and discharge order.
Final Report of Guardian-Fla. Stat. §744.527
Consent or Proof of Formal Notice to Ward’s Next of Kin (Ward had no assets)
Resignation or Death Certificate of Guardian (When successor Guardian is being appointed)
Authenticated copy of Death Certificate of Ward has been deposited
Petition for Guardian’s Fees
Authenticated copy of Birth Certificate of Ward has been deposited with the Clerk of Courts (Discharge of Guardian of Minor)
Petition for Discharge in accordance with Fla. Stat. §744.527, §744.528
Petition for Attorney’s Fees
Order Restoring Capacity of Ward was entered on
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
Filed in Ward’s estate case with the Clerk of Courts (Discharge due to Death of Ward) Case Number:
Waivers and Ward (Has reached age of majority or has regained capacity)
Filing & Service rules
Electronic Filing Rules
The proposed orders paying attorney’s fees and expenses and paying the guardian must be submitted electronically through the court’s E-Portal.
Proposed Order submitted through E-Portal: Order Paying Attorney’s Fees and Expenses Order Paying Guardian
Civil cases
Page 1 | Proposed Order submitted through E-Portal
The Order of Discharge must be submitted as a proposed order through the E-Portal.
Proposed Order submitted through E-Portal: Order of Discharge
Civil cases
Page 1 | Proposed Order submitted through E-Portal
A signed proposed order or judgment will be electronically filed.
Once the proposed order or judgment has been signed, it will be efiled.
Page 1 | SUBMITTING PROPOSED ORDERS
Completed checklists and affidavits must be electronically filed.
Checklists and Affidavits are to be efiled once completed.
Page 1 | PROBATE AND GUARDIANSHIP REQUIRED CHECKLISTS/AFFIDAVITS
Submit all proposed orders through the Florida Courts ePortal using the Proposed Order function, selecting Santa Rosa and the correct judge.
ALL proposed orders are to be submitted through the Florida Courts ePortal, by way of the “Proposed Order” function and selecting Santa Rosa in the drop-down list and selecting the correct Judge.
Page 1 | SUBMITTING PROPOSED ORDERS
Filing Timing and Cure Windows
The Verified Diligent Search and Statement Regarding Creditors must be filed within four months of the first publication date.
Verified Diligent Search and Statement Regarding Creditors filed within 4 months of 1st publication date as required by 5.241(d)?
Civil cases
Page 2 | 2. Notice to Creditors as Required by 5.241 and 733.2121
The Tax Return is due nine months from the date of death, or on the other specified date.
Tax Return due nine months from date of death or __________________ (date)
Civil cases
Page 2 | 6. Taxes 5.395 and 198.32
The Verified Inventory must be filed within 60 days after issuance of the Letters of Administration.
3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration as Required by 5.340 and 733.604
Civil cases
Page 2 | 3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration
The checklist requires that three months have passed after publication.
Three (3) months have passed after publication.
Page 2 | 7. For Formal Administration only
The 30 day time period is expired for filing objections to the discharge?
The 30 day time period is expired for filing objections to the discharge?
Civil cases
Page 3 | 9. Petition for Discharge
Service and Proof of Service Rules
If a caveat has been filed, formal notice must be served on the caveator before further action on the petition for summary administration.
must serve formal notice on the Caveator before further action can be taken on Petition for Summary 5.260(f)
Civil cases
Page 1 | 2. Last Will and Testament
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)
Civil cases
Page 1 | 2. Last Will and Testament
Notice must be provided to those who would inherit if there were no will.
Notice to those who, but for the will, would inherit 5.510(d)
Civil cases
Page 3
Formal notice is required in ancillary administration.
Formal notice 5.470(b)(1)/(2)
Civil cases
Page 3
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)
Civil cases
Page 4 | 6. Miscellaneous
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.
Civil cases
Page 1 | Post discharge considerations for attorneys
Proof of service on the trustee must be filed.
Proof of Service to trustee filed?
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
If the trustee is also a personal representative, each qualified beneficiary of the trust must be served as required by section 5.240(a)(3).
If the trustee is also a personal representative, has each qualified beneficiary of the trust as defined in 736.0103(16) been served? 5.240(a)(3)
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
Proof of Service to Spouse filed?
Proof of Service to Spouse filed?
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
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?
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
Proof of service on all beneficiaries must be filed.
Proof of Service to all beneficiaries filed?
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
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?
Civil cases
Page 1 | 2. Notice to Creditors as Required by 5.241 and 733.2121
Proof of service of the Inventory must be filed.
Proof of Service of Inventory filed?
Civil cases
Page 1 | 2. Notice to Creditors as Required by 5.241 and 733.2121
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)?
Civil cases
Page 1 | 2. Notice to Creditors as Required by 5.241 and 733.2121
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)
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
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)
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
Proof of service on each qualified beneficiary of the trust must be filed.
Proof of Service to each qualified beneficiary of the trust filed?
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
Proof of service on the Agency for Health Care Administration must be filed.
Proof of Service to Agency for Health Care Administration filed?
Civil cases
Page 1 | 2. Notice to Creditors as Required by 5.241 and 733.2121
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)
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
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?
Civil cases
Page 1 | 2. Notice to Creditors as Required by 5.241 and 733.2121
All beneficiaries must be served as required by section 5.240(a)(2).
All beneficiaries served? 5.240(a)(2)
Civil cases
Page 1 | 1. Notice of Administration Served as Required by 5.240
Proof of service on each residuary beneficiary must be filed.
Proof of Service to each residuary beneficiary filed?
Civil cases
Page 2 | 3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration
Each residuary beneficiary in a testate estate must be served as required by section 5.340(d).
Each residuary beneficiary in a testate estate served as required by 5.340(d)?
Civil cases
Page 2 | 3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration
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)?
Civil cases
Page 2 | 3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration
Notice of the Federal Tax Return must be served on all interested parties.
Notice of Federal Tax Return served on all Interested Parties?
Civil cases
Page 2 | 6. Taxes 5.395 and 198.32
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)?
Civil cases
Page 2 | 3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration
Proof of service on each heir at law must be filed.
Proof of Service to Each Heir at Law filed?
Civil cases
Page 2 | 3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration
Proof of service on all other interested persons must be filed.
Proof of Service to all other interested person(s) filed?
Civil cases
Page 2 | 3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration
The surviving spouse must be served as required by section 5.340(d).
Surviving spouse served as required by 5.340(d)?
Civil cases
Page 2 | 3. Verified Inventory Filed Within 60 Days from the Issuance of Letters of Administration
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.
Page 1 | SUBMITTING PROPOSED ORDERS
The moving party must serve the Notice of Hearing.
The moving party must prepare, serve, and file the Notice of Hearing.
Page 1 | NOTICE OF HEARING
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.
Page 1 | SUBMITTING PROPOSED ORDERS
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)
Page 1 | 2. Last Will and Testament
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)
Page 1 | 2. Last Will and Testament
For a decedent older than 55, notice to creditors must be sent to AHCA.
Notice to Creditors to AHCA (>55yo)
Page 2 | 7. For Formal Administration only
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)
Civil cases
Page 1 | Last Will and Testament
[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)
Civil cases
Page 1 | Last Will and Testament
Chambers Communication Rules
When a hearing is no longer necessary, promptly cancel the reserved time with the judicial assistant and notify the office.
Upon determining that a hearing is no longer necessary, please cancel the time set aside with the judicial assistant as soon as possible. The ONLY way this office knows of a cancellation is through your notification.
Page 1 | CANCELLING A HEARING
To schedule a hearing, email the judicial assistant with the opposing party or attorney, requested available dates and times, and the hearing duration.
To schedule a hearing, please email the judicial assistant and include the opposing party/attorney, request available dates and times and indicate the amount of time needed.
Page 1 | SCHEDULING A HEARING
If an exhibit or attachment cannot be prepared in MS Word, the proposed order may be emailed directly to the judicial assistant at the stated address.
In the event a proposed order has an exhibit or other attachment that can’t be accomplished using MS Word, you may email the order directly to the judicial assistant at tiffany.coulter@flcourts1.gov.
Page 1 | SUBMITTING PROPOSED ORDERS
Email is Judge Warrick’s office’s preferred communication method.
Email is the preferred method of communication for Judge Warrick’s office.
Page 1 | CONTACTING JUDGE WARRICK’S OFFICE
Check the Clerk’s website first for a proposed order’s docket status; if it is not listed, email the judicial assistant.
To check the status of a proposed order, you should first check the Santa Rosa County Clerk’s website to see if it has been docketed. If the order is not listed, you may email the judicial assistant.
Page 1 | SUBMITTING PROPOSED ORDERS
Questions about the information may be directed to the office by email or phone using the stated contact details.
If you have any questions regarding any of the above information, please feel free to contact our office by emailing Tiffany Coulter at tiffany.coulter@flcourts1.gov or calling 850-981-5540.
Page 1 | CONCLUSION