Communication
Document Format Requirements2 rules
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:
All proposed orders shall be submitted in Word format to esc.divu.eserve@flcourts1.gov.
Formatting
- •Submit proposed orders in Word format
Document Filing Requirements62 rules
Effective June 1, 2018, a checklist is required for opening all probate cases and closing formal administration cases.
All motions/orders shall include the case number as well as the correct division.
- Document
- Motion and order
Must include
- •Case number
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.
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:
Please title the document with the case name, case number and title of the document. (Ex. Jones 18 CP 1111 Order of Discharge).
- Document
- Proposed order
Include
- •Case number
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)
1. Certified Death Certificate Filed?
- Document
- Death certificate
Include
- •Certified Death Certificate Filed?
If not self-proved, an oath of witness is filed? 733.201(2) Proper oath? 733.201(2) / (3)
The petition must be verified and signed by the applicable surviving spouse, competent heirs or beneficiaries, guardian, other persons specified by statute, and attorney.
Court's wording
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)
A schedule of all assets of the estate and their estimated value 5.530(a)(8) [separately designating homestead and exempt property]
The petition must provide the specified information about unrevoked wills and codicils in intestate and testate estates.
Court's wording
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
The petition must include the listed petitioner, decedent, beneficiary, trust, venue, and foreign-proceeding information, including a Notice of Trust when applicable.
Court's wording
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)
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 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 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.
Court's wording
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)]
The checklist tracks each beneficiary’s consent or date served.
Court's wording
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 ( \ \ )
Original will filed? (or authenticated copy for ancillary) 5.200(j)
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)
If copy of will is filed, a petition to establish lost will complying with 5.510 & 5.025 and 733.207 has been filed?
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.
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 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.
Court's wording
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)
7. Is the Petition Filed By: Beneficiary Heir at law Person nominated as personal representative 735.203(1)
If not entitled to preference, notice given 5.201(b)
If not self-proved, an oath of witness is filed? 733.201(2)
Resident Agent Accepted 5.110(d)
- Document
- Designation of registered agent
Include
- •Resident Agent Accepted
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)
Original Will filed? (or authenticated copy for ancillary) 5.200(j)
The petition for administration must include the listed petitioner, decedent, beneficiary, venue, foreign-proceeding, trust, and estate-asset information.
Court's wording
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)
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.
Court's wording
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)
The verified petition complies with 5.200 and 5.020(e) Signed by petitioner 5.020(a) Signed by attorney 5.020(a)
Certified Death Certificate Filed?
- Document
- Death certificate
Include
- •Certified Death Certificate Filed
Formal notice 5.470(b)(1)/(2)
Include
- •Formal notice
If Petitioner is a nonresident, does Petition show that he/she is qualified to serve? 733.304
Ancillary Administration 5.470 / 734.102 Authenticated copies: ( ) Will ( ) Petition ( ) Order admitting will ( ) Letters 5.470(a)(1)
Notarized 5.235(a)(3) / 5.320
Include
- •Notarized
Does the Petition Show Priority of Petitioner to Serve as Personal Representative: 5.200(e)
If not entitled to preference, notice given or consent 5.201(b)
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
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?
Nonresiduary beneficiaries must receive written notice of their right to an explanation of asset values or a copy of any appraisal.
Court's wording
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.
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?
Petition for Discharge Complying with 5.400 Filed Petition for Discharge signed by the Personal Representative? 5.330(g)
Petition to Determine Exempt Property filed? 5.406 / 732.402
If Final Accounting was not filed, are waivers by all interested parties filed in accordance with 5.180?
If receipts are not filed are waivers filed as described in 5.180(b)?
If Petition for Discharge has not been served, are consents filed?
Report of Distribution filed as required by 5.400(e)?
Receipts from all beneficiaries/heirs filed?
Order Determining Homestead Exemption entered?
Order Determining Family Allowance entered?
Affidavit of no FL tax due filed as described in 198.32?
Petition to Determine Homestead Exemption filed? 5.405
Petition to Determine Family Allowance filed? 5.407
Proof of Publication of Notice of Creditors filed? 5.241
Petition to Determine Beneficiaries filed? 5.385
If Report of Distribution is not filed are waivers filed as described in 5.180(b)?
Final Accounting filed in accordance with 5.400(c)?
Federal Estate Tax Closing Letter filed?
Order Determining Beneficiaries entered?
If Petition for Discharge does not show compensation or the manner to determine compensation, are waivers filed as described in 5.180(b)?
Order Determining Exempt Property entered?
Death Certificate of any beneficiaries filed?
Filing & Service rules
Filing Timing and Cure Windows
The tax return is due nine months from the date of death, or on the alternative date entered in the checklist.
Tax Return due nine months from date of death or \ \ (date)
Civil cases
Page 1 | Taxes 5.395 and 198.32
The Verified Inventory must be filed within 60 days after issuance of the Letters of Administration.
Verified Inventory filed within 60 Days from the issuance of Letters of Administration as required by 5.340 and 733.604?
Civil cases
Page 1 | Inventory
The 30-day period for filing objections to the discharge must have expired.
The 30 day time period is expired for filing objections to the discharge?
Civil cases
Page 1 | Petition for Discharge Complying with 5.400
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 1 | Notice to Creditors as Required by 5.241 and 733.2121
Service and Proof of Service Rules
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)
Civil cases
Page 1 | Existence of a Will
Formal notice must be served on any heir, beneficiary, or creditor who does not join 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 1 | Miscellaneous
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)?
Civil cases
Page 1 | Notice of Administration Served as Required by 5.240
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)?
Civil cases
Page 1 | Notice of Administration Served as Required by 5.240
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?
Civil cases
Page 1 | Notice to Creditors as Required by 5.241 and 733.2121
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?
Civil cases
Page 1 | Inventory
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)?
Civil cases
Page 1 | Notice of Administration Served as Required by 5.240
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?
Civil cases
Page 1 | Notice to Creditors as Required by 5.241 and 733.2121
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?
Civil cases
Page 1 | Inventory
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)?
Civil cases
Page 1 | Notice of Administration Served as Required by 5.240
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?
Civil cases
Page 1 | Inventory
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 1 | Taxes 5.395 and 198.32
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)?
Civil cases
Page 1 | Notice of Administration Served as Required by 5.240
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)
Civil cases
Page 1 | Petition for Discharge Complying with 5.400
All interested persons must be served in connection with the Final Accounting.
Were all Interested Persons served?
Civil cases
Page 1 | Final Accounting Complying with 5.400, 5.180, and 731.302
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?
Civil cases
Page 1 | Inventory
Chambers Communication Rules
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.
Page 1 | PROBATE/GUARDIANSHIP CASES – DIVISIONS "R", “U” & "T"
Probate and guardianship proposed orders must be submitted in Word format to the listed email address.
All proposed orders shall be submitted in Word format to esc.divu.eserve@flcourts1.gov.
Page 1 | PROBATE/GUARDIANSHIP CASES – DIVISIONS "R", “U” & "T"
Proposed orders in probate and guardianship cases are directed to the listed email address.
Probate/Guardianship cases – esc.divu.eserve@flcourts1.gov
Page 1 | SUBMITTING PROPOSED ORDERS
Proposed orders must be sent by email to the appropriate address.
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:
Page 1 | SUBMITTING PROPOSED ORDERS