Judge Linda L. Gaustad

Do not file proposed orders through the e-portal for Division 10, Volusia County.

Proposed orders shall not be filed through thee-portal for Division 10, Volusia County.

Checked against the court's document on Oct 10, 2026 · Civil cases

Page 2 | Submission of Proposed Orders

Send all proposed orders to the Court electronically by email.

All proposed orders must be sent into the Court electronically by email at division10@circuit7.org.

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Page 2 | Submission of Proposed Orders

All documents must be filed with the court electronically under Florida Rule of General Practice and Judicial Administration 2.525.

Florida Rule of General Practice and Judicial Administration 2.525 requires that all documents be filed with the court electronically.

Checked against the court's document on Oct 10, 2026 · Civil cases

Page 46 | Committee Notes

Proposed orders must be emailed to the court as Microsoft Word attachments, with the required subject line, case style, and case number.

A) All proposed orders must be sent into the Court electronically by email at division48@circuit7.org. The subject line of the email must state "Proposed Order," and include the case style and case number. The proposed order must be an attachment to the email in Microsoft Word format.

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Page 2 | Submission of Proposed Orders

The order must be submitted electronically using the procedures referenced above.

The order must be submitted electronically utilizing the procedures set forth above.

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Page 3 | Submission of Proposed Orders

A will may be e-filed only as part of an authenticated package from the domiciliary estate.

Is the Will in possession of the clerk or does it accompany the petition? Will not be e-filed unless it is part of an authenticated package from domiciliary estate.

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Page 1 | Last Will & Testament/Lost or Destroyed Will

Authenticated packages from domiciliary estates may be e-filed; an e-filed original will should not be marked as being in the clerk’s possession.

Is the ORIGINAL Will in possession of the clerk? Do not mark yes if e-filed. Auth. Pkgs. From domiciliary estates can be e-filed

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Page 1 | Last Will & Testament – Lost or Destroyed Will

An order on an unopposed matter must be submitted electronically under the procedures stated above.

The order must be submitted electronically utilizing the procedures set forth above.

Not confirmed. Read the court's wording below. · Civil cases

Page 3 | Submission of Proposed Orders

File the original annual plan with the county Clerk of Court by mail or hand delivery.

Mail or hand deliver the original plan to the Clerk of Court of the county in which the case is filed.

Not confirmed. Read the court's wording below. · Civil cases

Page 376 | APPENDIX A

Proposed orders for Division 48, Flagler County, must not be filed through the e-portal.

Proposed orders shall not be filed through thee-portal for Division 48, Flagler County.

Not confirmed. Read the court's wording below.

Page 2 | Submission of Proposed Orders

The ancillary-administration materials listed in the worksheet may be e-filed.

Authenticated copy from domiciliary of Petition (provide Affidavit from foreign estate when a Petition is not required), Will, Order Admitting Will and Authority of Domiciliary PR. (Mark N/A if Non-resident only and original will is filed)

Not confirmed. Read the court's wording below.

Page 1 | Ancillary Administration: FL Probate Rule 5.470

Proof of publication must be filed 45 days after the first publication.

Proof of publication is filed (45 days after 1st pub)

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Page 1 | Rule 5.241

Proof of death must be filed before entry of the specified determinations or order.

Proof of Death required to be filed prior to the entry of Determination of Beneficiaries, Determination of Homestead or Order of Summary Administration

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Page 1 | Death Certificate

File legal memoranda or case law and ensure the Judge receives any chambers copy no later than three business days before the hearing; untimely submissions will not be considered.

If parties desire to submit legal memoranda or case law on issues to be presented at a hearing they need to be filed, and any chambers copy received by the Judge, no later than three (3) business days before the hearing. Untimely submissions with not be considered.

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Page 2 | Hearings

File the notice of hearing immediately after securing the hearing time.

A Notice of Hearing must be filed immediately upon securing the hearing time.

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Page 2 | Hearings

In formal administration, the death certificate is to be filed within three months after the first publication of the Notice to Creditors; mark N/A for summary administration or if the decedent died more than two years ago.

Formal Administration - Death Certificate to be filed within three (3) mo. after date of 1st publication of NTC. Notice to Creditors date of 1st Publication:     . (mark N/A if Summary Admn. or dead more than 2 yrs

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Page 1 | Petition To Determine Homestead

The original written defenses must be filed with the clerk either before service or immediately after service.

When formal notice is given, a copy of the pleading or motion must be served on interested persons, together with a notice requiring the person served to serve written defenses on the person giving notice within 20 days after service of the notice, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service or immediately thereafter, and notifying the person served that failure to serve written defenses as required may result in a judgment or order for the relief demanded in the pleading or motion, without further notice.

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Page 31 | RULE 5.040. NOTICE (a)(1)

In an estate administration, the personal representative or petitioner must file an official death record no later than three months after the first publication of notice to creditors.

A copy of an official record of the death of a decedent shall be filed by the personal representative, if any, or the petitioner in each of the following proceedings and at the times specified: (1) Administration of decedent’s estate: not later than 3 months following the date of the first publication of the notice to creditors.

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Page 81 | Rule 5.205(a)(1)

An interested person served with the notice must file specified objections within three months after service; that period may be extended only for estoppel based on the personal representative’s misstatement about the filing period.

that any interested person on whom a copy of the notice of administration is served must file, on or before the date that is 3 months after the date of service of the notice of administration on that person any objection that challenges the validity of the will, the venue, or the jurisdiction of the court. The 3- month time period may only be extended for estoppel based on a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person.

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Page 94 | Rule 5.240(b) Contents

The notice must be published as required by law, and proof of publication must be filed with the court within 45 days after first publication.

Publication must be made as required by law. The personal representative must file proof of publication with the court within 45 days after the date of first publication of the notice to creditors.

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Page 103 | Method of Publication and Proof

The personal representative must file a verified statement of diligent search within four months after first publication of the notice to creditors.

Within 4 months after the date of the first publication of notice to creditors, the personal representative must file a verified statement that diligent search has been made to ascertain the name and address of each person having a claim against the estate.

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Page 103 | Statement Regarding Creditors

A personal representative who learns of disqualification must promptly file and serve notice on all interested persons.

Any time a personal representative who was qualified to act at the time of appointment, knows that he or she would not be qualified for appointment if application for appointment were then made, the personal representative shall promptly file and serve on all interested persons a notice stating:

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Page 112 | RULE 5.310. DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION

An interested person may file a petition to remove the personal representative within 30 days after the notice is served.

that any interested person may file a petition to remove the personal representative within 30 days after the date on which such notice is served.

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Page 112 | RULE 5.310. DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION

The personal representative must promptly file and serve interested persons with notice of disqualification, including the reason and date of the disqualifying event.

4. I will promptly file and serve a notice on all interested persons at any time I know that I would not be qualified for appointment and will include the reason I would not then be qualified and the date on which the disqualifying event occurred.

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Page 117

If the personal representative’s residence, street, or mailing address changes, the personal representative must file and serve interested persons with notice within 20 days.

5. I will file and serve a notice within 20 days on all interested persons, in the event there is a change in my residence address, street address, or mailing address.

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Page 117

Unless one was previously filed, the personal representative must file the estate inventory within 60 days after letters are issued.

Unless an inventory has been previously filed, the personal representative must file an inventory of the estate within 60 days after issuance of letters.

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Page 121 | RULE 5.340. INVENTORY

The personal representative must file an inventory of the safe-deposit box contents within 10 days after initially opening it.

(a) Filing. The personal representative shall file an inventory of the contents of the decedent’s safe-deposit box within 10 days of the initial opening of the box by the personal representative or the

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Page 126 | Rule 5.342(a) Filing

An interested person must file an accounting objection within 30 days after service or the objection is deemed abandoned.

Any interested person may file an objection to any accounting to which this rule applies within 30 days from the date of service of notice on that person. Any objection not filed within 30 days from the date of service shall be deemed abandoned.

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Page 130 | RULE 5.345. ACCOUNTINGS OTHER THAN PERSONAL REPRESENTATIVES’ FINAL ACCOUNTINGS

A surviving spouse must file the election within the time required by law.

An electing surviving spouse must file the election within the time required by law

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Page 159 | RULE 5.360. ELECTIVE SHARE

After an order authorizes the election, the agent or guardian must file it by the later of the statutory deadline or 30 days from service of the order.

Upon entry of an order authorizing the filing of an election, the agent or guardian of the property must file the election within the later of the time provided by law or 30 days from service of the order

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Page 160 | RULE 5.360. ELECTIVE SHARE

If an extension is granted, the election must be filed within the extended time allowed by the court.

If the court grants the petition for an extension, the election must be filed within the time allowed by the extension.

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Page 160 | RULE 5.360. ELECTIVE SHARE

If the personal representative has not filed the petition within 90 days after rendition of the entitlement order, the electing spouse or specified representative may file it and state the known value of the elective share as particularly as possible.

If the personal representative does not file the petition to determine the amount of the elective share within 90 days from rendition of the order of entitlement, the electing spouse or the agent or the guardian of the property or personal representative of the electing spouse may file the petition specifying as particularly as is known the value of the elective share.

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Page 162 | Petition by Spouse

Each year, by January 15, each court must furnish the Department of Legal Affairs the specified list of estates.

On or before January 15 of each year, each court shall furnish to the Department of Legal Affairs a list of all estates being administered in which no person appears to be entitled to the property and the personal representative has not instituted a proceeding for the determination of beneficiaries.

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Page 173 | Rule 5.386(b) Court’s Report

When the stated circumstances apply, the personal representative must institute a beneficiary-determination proceeding within one year after letters are issued.

If it appears to the personal representative that an estate may escheat or there is doubt about the existence of any person entitled to the estate, the personal representative shall institute a proceeding to determine beneficiaries within 1 year after letters have been issued to the personal representative

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Page 173 | Rule 5.386(a) Escheat Proceeding

Objections to the accounting, compensation, or proposed distribution must be filed within 30 days after service of the later-served petition for discharge or final accounting.

(6) that any objections to the accounting, the compensation paid or proposed to be paid, or the proposed distribution of assets must be filed within 30 days from the date of service of the last of the petition for discharge or final accounting;

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Page 176 | Rule 5.400(b)(6)

The final accounting and petition for discharge must be filed within the applicable 12-month period, subject to a court extension for cause shown after notice to interested persons.

(c) Closing Estate; Extension. The final accounting and petition for discharge shall be filed and served on interested persons within 12 months after issuance of letters for an estate not filing a federal estate tax return, otherwise within 12 months from the date the return is due, unless the time is extended by the court for cause shown after notice to interested persons.

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Page 176 | Rule 5.400(c)

The petition to determine exempt property must be filed within four months after service of the notice of administration, unless the statute provides an extension.

Section 732.402, Florida Statutes, specifies the time within which the petition to determine exempt property must be filed, within 4 months after the date of service of the notice of administration, unless extended as provided in the statute.

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Page 190 | Rule 5.406 Committee Notes

The resigning personal representative must file an accounting and petition for discharge within 30 days after the court revokes the representative’s letters.

The resigning personal representative shall file an accounting and a petition for discharge within 30 days after the date that the letters of the resigning personal representative are revoked by the court.

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Page 200 | RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE

An interested person may file an objection within 30 days after the later service of the petition or accounting, and an objection filed after that period is deemed abandoned.

Any interested person may file an objection to the petition for discharge within 30 days after the later of service of the petition or service of the accounting on that interested person. Any objection not filed within such time shall be deemed abandoned.

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Page 201 | Notice of Filing and Objections to Petition for Discharge

A removed personal representative must file an accounting within 30 days after removal.

A removed personal representative shall file an accounting within 30 days after removal.

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Page 204 | RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE

A written objection to a claim, except a personal representative’s proof of claim, must be filed by the later of the specified four-month or 30-day deadlines.

An objection to a claim, other than a personal representative’s proof of claim, shall be in writing and filed on or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of the claim, whichever occurs later.

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Page 217 | RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM (a) Filing

An objection to a claim listed as to be paid must be filed by the later of four months after first publication of the notice to creditors or 30 days after the proof of claim is filed.

(7) that any objection to a claim listed as to be paid shall be filed no later than 4 months from first publication of the notice to creditors or 30 days from the date of the filing of the proof of claim, whichever occurs later.

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Page 219

An objection to a personal representative’s proof of claim must be in writing and filed by the later of four months after first publication of notice to creditors or 30 days after timely filing of the proof of claim.

(a) Filing. An objection to a personal representative’s proof of claim shall be in writing and filed on or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing of the proof of claim, whichever occurs later.

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Page 220 | Rule 5.499(a) Filing

Each examining committee member must file their report with the court clerk within 15 days after appointment.

Each member of the examining committee must file the examining committee member’s report with the clerk of the court within 15 days after appointment.

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Page 232 | Guardianship

A written objection to a report must be filed no later than 5 days before the adjudicatory hearing.

The petitioner and the alleged incapacitated person may object to the introduction into evidence of all or any portion of the examining committee members’ reports by filing and serving a written objection on the other party no later than 5 days before the adjudicatory hearing.

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Page 233 | Objections

A nonprofit corporate guardian must file its disclosure statement quarterly with the clerk in each circuit where it has been appointed or is seeking appointment.

The disclosure statement of a nonprofit corporate guardian shall be filed quarterly with the clerk of the court for each circuit in which the corporation has been appointed, or is seeking appointment, as guardian.

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Page 248 | RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING

The guardian of the property must file a verified inventory within 60 days after letters issue.

Within 60 days after issuance of letters, the guardian of the property shall file a verified inventory as required by law.

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Page 253 | RULE 5.620. INVENTORY

Within 30 days of discovering omitted property or an inaccurate description, the guardian must file a verified amended or supplemental inventory showing the change.

If the guardian of the property learns of any property not included in the inventory, or learns that the description in the inventory is inaccurate, the guardian shall, within 30 days of this discovery, file a verified amended or supplemental inventory showing the change.

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Page 253 | RULE 5.620. INVENTORY

Unless the court waives the education requirement, a guardian who is not a professional guardian must file the completion notice within four months after issuance of the specified letters.

(a) Filing. Unless the guardian education requirement is waived by the court, each guardian, other than a professional guardian, shall file with the court within 4 months after the issuance of letters of guardianship or letters of guardian advocacy a notice of completion of guardian education requirements.

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Page 256 | RULE 5.625. NOTICE OF COMPLETION OF GUARDIAN EDUCATION REQUIREMENTS

A guardian ad litem must file the required settlement report no later than 5 days before the hearing.

A guardian ad litem appointed with respect to a proposed settlement affecting the interests of a minor shall, not later than 5 days prior to the hearing on a petition for order authorizing settlement, file and serve a report indicating the guardian ad litem’s determination regarding whether the proposed settlement will be in the best interest of the minor.

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Page 265 | (f) Report

A standby guardian must petition for confirmation no later than 20 days after assuming guardian duties.

A standby guardian, not later than 20 days after the assumption of duties as guardian, shall petition for confirmation of appointment.

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Page 273 | Petition for Confirmation

An emergency temporary guardian must file a final report no later than 30 days after the guardianship expires.

(f) Final Report. An emergency temporary guardian shall file a final report no later than 30 days after the expiration of the emergency temporary guardianship.

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Page 278

Objections are deemed abandoned if notice of a hearing on them is not served within 90 days after they are filed.

If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections will be deemed abandoned.

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Page 286 | RULE 5.650(g) Disposition of Objections

Objections must be in the form and filed within the time stated in the notice of petition for discharge.

(f) Objections. Objections shall be in the form and be filed within the time set forth in the notice of petition for discharge.

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Page 293 | (f) Objections

A guardian of the property must promptly file a final report, and if the ward has died, must file it no later than 45 days after service of the specified letters or order.

The guardian of the property shall promptly file a final report. If the ward has died, the guardian must file the report no later than 45 days after he or she has been served with letters of administration, letters of curatorship, or an order of summary administration.

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Page 296 | Rule 5.680(c), Final Report

An objection to the final report or petition for discharge must be filed within 30 days after service of the petition for discharge.

that any objection to the final report or the petition for discharge shall be filed within 30 days from the date of service of the petition for discharge;

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Page 296 | Rule 5.680(d), Notice

Within 3 days after the suggestion is filed, the court must appoint counsel for an unrepresented person with a developmental disability.

Within 3 days after the suggestion has been filed, the court must appoint an attorney to represent a person with a developmental disability who is not then represented by counsel as stated in the suggestion.

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Page 300 | Rule 5.681(b)

The notice must state that objections to the suggestion must be filed within 20 days after service of the notice.

The notice must contain a statement that all objections to the suggestion must be filed within 20 days after service of the notice.

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Page 300 | Rule 5.681(c)

If personal rights are restored, the guardian advocate must file an amended plan within 60 days after the restoration order.

If personal rights are restored, the guardian advocate must file an amended plan within 60 days after the order restoring rights.

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Page 301 | Additional Requirements

If all property rights are restored, a guardian advocate previously granted property management or control must file a final accounting within 60 days after the restoration order.

If all property rights are restored, a guardian advocate previously granted management or control over property must file a final accounting within 60 days after the order restoring rights.

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Page 301 | Additional Requirements

The initial guardianship report must be filed within 60 days after letters of guardianship are issued.

An initial guardianship report shall be filed within 60 days after the issuance of letters of guardianship.

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Page 304 | Rule 5.690(a), Contents and Filing

Unless the court requires calendar-year reporting, the guardian of the person must file an annual guardianship plan within 90 days after the last day of the anniversary month in which the letters were signed.

Unless the court requires reporting on a calendar-year basis, the guardian of the person shall file an annual guardianship plan within 90 days after the last day of the anniversary month in which the letters of guardianship were signed.

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Page 306 | RULE 5.695. ANNUAL GUARDIANSHIP REPORT

Unless the court requires or authorizes fiscal-year reporting, the guardian of the property must file an annual accounting on or before April 1 each year.

Unless the court requires or authorizes reporting on a fiscal year basis, the guardian of the property shall file an annual accounting on or before April 1 of each year.

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Page 306 | RULE 5.695. ANNUAL GUARDIANSHIP REPORT

If the court requires calendar-year reporting, the plan for the forthcoming year must be filed on or before April 1 each year.

If the court requires calendar-year reporting, the guardianship plan for the forthcoming year must be filed on or before April 1 of each year.

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Page 306 | RULE 5.695. ANNUAL GUARDIANSHIP REPORT

The annual accounting must be filed by the first day of the fourth month after the fiscal year ends.

the annual accounting shall be filed on or before the first day of the fourth month after the end of the fiscal year.

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Page 307

The monitor must file a verified written report of findings and recommendations within 15 days after the appointment order is entered, though the court may extend the filing time for good cause.

(d) Report. Within 15 days after the entry of an order of appointment, the monitor shall file a verified written report setting forth the monitor’s findings and recommendations. The report may be supported by documents or other evidence. The time for filing the report may be extended by the court for good cause.

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Page 336 | RULE 5.725. EMERGENCY COURT MONITOR

For fiscal-year report periods, annual accounting and plan reports are due on the dates listed for each signed month.

APPENDIX B ANNUAL ACCOUNTING AND PLAN DATES (IF FISCAL YEAR REPORT PERIOD) Month Letters Report Begin Report End Report Due Signed Date Date Date January February 1 January 31 May 1 February March 1 February 28 June 1 March April 1 March 31 July 1 April May 1 April 30 August 1 May June 1 May 31 September 1 June July 1 June 30 October 1 July August 1 July 31 November 1 August September 1 August 31 December 1 September October 1 September 30 January 1 October November 1 October 31 February 1 November December 1 November 30 March 1 December January 1 December 31 April 1

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Page 377 | Appendix B — Annual Accounting and Plan Dates

Beneficiaries receiving full distribution need not be served; nonjoining or nonconsenting beneficiaries and known or reasonably ascertainable creditors must receive formal notice of the petition.

Notice – Service is not required on any beneficiary who will receive full distribution in the proposed schedule of distribution. Any beneficiary and any known or reasonably ascertainable creditor not joining or consenting must receive formal notice of this petition.

Checked and corrected to match the court's document on Oct 10, 2026 · Civil cases

Page 1 | Notice

When the personal representative and trustee are the same person, trust beneficiaries are estate beneficiaries entitled to notice of administration, service of the inventory, notice of final accounting, and the Petition for Discharge or consent to it.

When PR & Trustee are the same person, then beneficiaries of the trust are also beneficiaries of the estate for receiving notice: Notice of Administration, Service of the Inventory, Notice of Final Accounting, and Petition for Discharge or Consent thereto.

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Page 1 | Beneficiaries/Heirs and Items to Receive

If claimants were not paid in the previous administration, notice of the subsequent filing must be given to all unpaid claimants.

If no, the court will require notice of this subsequent filing on all unpaid claimants.

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Page 1 | SUBSEQUENT ADMINISTRATION

Creditors unpaid in the previous administration must receive notice of the subsequent filing.

Creditors who were not paid in previous administration must be given notice of this subsequent filing.

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Page 1 | SUBSEQUENT ADMINISTRATION

The checklist requires formal notice to each person who would inherit if the will is not established, or filed consents from all intestate heirs.

Formal notice is given to each person who would inherit if the Will is not established; or Consents from all intestate heirs filed

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Page 1 | Notice

Proof of service of formal notice must be filed.

Proof of Service of formal notice filed

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Page 1 | Notice

If the personal representative changes address, they must serve notice on all interested persons within 20 days.

State that if the PR changes their address, they will serve notice on all interested persons within 20 days

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Page 1 | Required Information Regarding Oath of Personal Representative

The time allowed for formal notice must have elapsed.

Time allowed via formal notice has run

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Page 1 | Notice

Formal notice and filed proof of service are required for nonjoining or nonconsenting heirs and known creditors who will not receive the specified payment or full distribution; notice is not required for heirs or beneficiaries receiving full distribution.

Notice is not required on any heir at law or beneficiary under a WILL who will receive full distribution. Any heir and known creditor not joining or consenting to the Petition for Summary Administration who is NOT being paid the claim amount or receiving a full distributive share shall receive formal notice and proof of service filed.

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Page 1 | Notice

Unrepresented parties who have not designated an email address receive orders through the mail.

Unrepresented parties who have not designated an email address will receive orders through the mail.

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Page 3

Unrepresented parties who designated an email address receive executed orders at that address.

Unrepresented parties who have designated an email address will receive the executed orders at their email address.

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Page 3

Executed orders are served on counsel of record at their designated email addresses, which counsel must keep current.

Executed order addresses: served upon counsel of record in the case at their designated email addresses; thus, it is imperative all counsel keep their email addresses up to date.

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Page 3

Persons specifically disinherited in a will are entitled to service of the Notice of Administration once the personal representative is appointed, and should be identified in the notes.

Testate: Are there any persons specifically disinherited in Will. Entitled to Service of the Notice of Administration once PR is appointed? If yes, identify them in notes. Mark as N/A for intestate estates.

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Page 1 | Heirs & Beneficiaries and Marital Status

Notice of the petition must be given to the next of kin, health care surrogate, and/or attorney in fact for the person with the disability.

Has notice of the petition been given to the next of kin, health care surrogate, and or attorney in fact for the person with the disability?

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Page 1 | Notice & Reports

Notice of the petition must be given to the person with the disability verbally and in writing.

Has notice of the petition been given to the person with the disability verbally and in writing?

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Page 1 | Notice & Reports

Creditors unpaid in the previous administration must receive notice of the subsequent filing.

Creditors who were not paid in previous administration must be given notice of this subsequent filing.

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Page 1 | Reopen fee and notice to creditors

The petition must be given to the court-appointed guardian, natural guardian or person with legal custody, the minor if over 14, and the minor’s next of kin if the court requires it.

NOTICE: Petition shall be given to court-appointed guardian, natural guardian or person with legal custody of minor, to the minor if over the age of 14 and to the minor’s next of kin if required by the court.

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Page 1 | NOTICE

A beneficiary receiving full distribution under the proposed schedule need not be served, but any beneficiary or known or reasonably ascertainable creditor who does not join or consent must receive formal notice of the petition.

Notice – Service is not required on any beneficiary who will receive full distribution in the proposed schedule of distribution. Any beneficiary and any known or reasonably ascertainable creditor not joining or consenting must receive formal notice of this petition.

Checked and corrected to match the court's document on Oct 10, 2026

Page 1 | Notice

When formal notice is required, proof of service for all persons entitled to notice must be filed.

Formal notice is required and Proof of Service for all entitled has been filed

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Page 1 | Notice

The personal representative should promptly send notice and publish for creditors so they have a reasonable 30 days to file items.

Miscellaneous - PR shall promptly send notice and promptly publish for creditors so 30 days is a reasonable amount of time for these items to be filed.

Checked and corrected to match the court's document on Oct 10, 2026 · Civil cases

Page 1 | Petition To Determine Homestead

All heirs or beneficiaries should receive notice of the petition or file consents, except when all are receiving their full distributive shares, in which case mark N/A.

Have ALL heirs or beneficiaries been given notice of this petition or are consents filed? Not required when ALL heirs/benef. are receiving full distributive share (mark N/A)

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Page 1 | Petition To Determine Homestead

In formal administration, the Notice of Administration should be served under Rule 5.240 or waivers should be filed.

Formal Administration – Has Notice of Administration been served per Rule 5.240 or waivers filed.

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Page 1 | Petition To Determine Homestead

Easily identified creditors should be given notice of the petition when claims have been filed; mark N/A if no claims have been filed at the time of review.

Have creditors who are easily identified been given notice of the petition? (claims have been filed) Mark N/A if no claims have been filed at the time of this review.

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Page 1 | Petition To Determine Homestead

A motion for rehearing must be served within 15 days after the filing date shown on the order or judgment.

A motion for rehearing of any order or judgment shall be served not later than 15 days after the date of filing the order or judgment with the clerk as shown on the face of the order or judgment.

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Page 19 | RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS

A petitioner serving a declaration that a proceeding is adversary must serve it with the related petition.

(1) If served by the petitioner, the declaration must be served with the petition to which it relates.

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Page 23 | (b) Declared Adversary Proceedings

When a respondent serves the adversary declaration, the petitioner must promptly serve formal notice on all other interested persons.

(3) When the declaration is served by a respondent, the petitioner must promptly serve formal notice on all other interested persons.

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Page 23 | (b) Declared Adversary Proceedings

A respondent must serve the adversary declaration and written response by the earlier of 20 days after service of the petition or before the petition hearing.

(2) If served by the respondent, the declaration and a written response to the petition must be served at the earlier of: (A) within 20 days after service of the petition, or (B) before the hearing date on the petition.

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Page 23 | (b) Declared Adversary Proceedings

A motion to withdraw or limit an appearance must state the reasons and be served on the client and other interested persons.

An attorney of record may withdraw or limit the attorney’s appearance with approval of the court, after filing a motion setting forth the reasons and serving a copy on the client and other interested persons.

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Page 29

At the conclusion of a limited appearance, the attorney must file a notice of completion and serve a copy on the client and other interested persons.

At the conclusion of that proceeding or matter, the attorneys role terminates upon the attorney filing notice of completion of limited appearance and serving a copy on the client and other interested persons.

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Page 29

Formal notice requires service of the pleading or motion and a notice requiring written defenses within 20 days after service, excluding the day of service.

When formal notice is given, a copy of the pleading or motion must be served on interested persons, together with a notice requiring the person served to serve written defenses on the person giving notice within 20 days after service of the notice, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service or immediately thereafter, and notifying the person served that failure to serve written defenses as required may result in a judgment or order for the relief demanded in the pleading or motion, without further notice.

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Page 31 | RULE 5.040. NOTICE (a)(1)

Formal notice may be served by the listed signed-receipt delivery or process-service methods; first-class mail is allowed for in rem or quasi in rem relief only under the stated conditions.

Formal notice must be served in the following manner: (A) by sending a copy by any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt; (B) as provided in the Florida Rules of Civil Procedure for service of process; (C) as otherwise provided by Florida law for service of process; or (D) by first-class mail when only in rem or quasi in rem relief is sought against a person if: (i) registered or certified mail service to the addressee requiring a signed receipt is unavailable and if delivery by commercial delivery service requiring a signed receipt is also unavailable; (ii) delivery pursuant to subdivision (a)(3)(A) is attempted and is refused by the addressee; or (iii) delivery pursuant to subdivision (a)(3)(A) is attempted and is unclaimed after notice to the addressee by the delivering entity.

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Page 32 | RULE 5.040. NOTICE (a)(3)

For formal notice served under subdivisions (a)(3)(A) or (a)(3)(D), an interested person represented by an attorney must be served by delivery to the attorney at the attorney’s regular place of business.

Service of formal notice under (a)(3)(A) and (a)(3)(D) must be made on the following: (A) service on an interested person represented by an attorney must be made by delivery to the attorney at his or her regular place of business;

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Page 32 | RULE 5.040. NOTICE (a)(4)(A)

Formal notice under subdivision (a)(3)(A) is complete when the recipient receives it.

Service of formal notice pursuant to subdivision (a)(3)(A) will be complete upon receipt by the person to whom delivery is made.

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Page 33 | (a)(5) Completion of Service

Formal notice under subdivision (a)(3)(B) is complete as provided by the Florida Rules of Civil Procedure for service of process.

Service of formal notice pursuant to subdivision (a)(3)(B) will be complete as provided in the Florida Rules of Civil Procedure for service of process.

Checked and corrected to match the court's document on Oct 10, 2026 · Civil cases

Page 33 | (a)(5) Completion of Service

Serve an interested person who filed a request for notice by delivery to the address stated in that request.

service on an interested person who has filed a request for notice must be made by delivery to such interested person at the address given in the request for notice;

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Page 33 | (a)(3)(B)

Serve a minor whose disabilities of nonage are not removed by delivery to the persons designated under chapter 48 at their usual abode or regular place of business.

service on a minor whose disabilities of nonage are not removed must be made by delivery to the persons designated to accept service of process on a minor under chapter 48, Florida Statutes, at their usual place of abode or regular place of business;

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Page 33 | (a)(3)(D)

Serve any other individual at their usual abode or through a person authorized to receive summons service on their behalf under chapter 48.

service on any other individual must be made by delivery to such individual at his or her usual place of abode or to any person authorized to receive service of a summons on behalf of the individual as provided in chapter 48, Florida Statutes; or

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Page 33 | (a)(3)(E)

Serve an incapacitated person or a person with a developmental disability at their usual abode and also serve their guardian, or, if there is no guardian, the person having care or custody, at the specified location.

service on an incapacitated person or a person with a developmental disability must be made by delivery: (i) to such person at his or her usual place of abode; and (ii) to such person’s legal guardian at the legal guardian’s usual place of abode or regular place of business or, if such person does not have a legal guardian, to the person having care or custody of such person at his or her usual place of abode or regular place of business;

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Page 33 | (a)(3)(C)

Serve a corporation or other business entity by delivery as provided in chapter 48, Florida Statutes.

service on a corporation or other business entity must be made by delivery to such corporation or other business entity as provided in chapter 48, Florida Statutes.

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Page 33 | (a)(3)(F)

Formal notice under subdivision (a)(3)(C) is complete as provided by Florida law for service of process.

Service of formal notice pursuant to subdivision (a)(3)(C) will be complete as provided by Florida law for service of process.

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Page 33 | (a)(5) Completion of Service

For service under subdivision (a)(3)(D), the verified statement must identify the basis for first-class-mail service, mailing date, and mailing address; delivery evidence is not required.

If service is obtained pursuant to subdivision (a)(3)(D), the verified statement must state the basis for service by first-class mail, the date of mailing, and the address to which the first-class mail was sent, and evidence of delivery is not required.

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Page 34 | (a)(6) Proof of Service

Proof of service under subdivisions (a)(3)(B) and (a)(3)(C) must comply with Florida law for service of process.

Proof of service pursuant to subdivisions (a)(3)(B) or (a)(3)(C) must be made as provided by Florida law for service of process.

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Page 34 | (a)(6) Proof of Service

Required or permitted informal notice of a petition or other proceeding must be served under rule 5.041.

When informal notice of a petition or other proceeding is required or permitted, it must be served as provided in rule 5.041.

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Page 34 | (b) Informal Notice

When formal notice replaces informal notice, it must be given to all interested persons entitled to notice.

When formal notice is given in lieu of informal notice, formal notice must be given to all interested persons entitled to notice.

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Page 34 | (d) Formal Notice Optional

Proof of formal notice service must be a verified statement by the server with the recipient’s signed receipt or other evidence of delivery satisfactory to the court.

Proof of service must be by verified statement of the person serving formal notice and there must be attached to the verified statement the receipt signed by the person to whom delivery was made or other evidence satisfactory to the court that delivery was made.

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Page 34 | (a)(6) Proof of Service

Service of a document in the manner provided for formal notice is completed under subdivision (a)(5).

If a document is served in the manner provided for service of formal notice, service is completed as provided in subdivision (a)(5).

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Page 34 | (e) In the Manner Provided for Service of Formal Notice

Formal notice is used in probate proceedings to obtain in rem jurisdiction over an interest in estate property, does not confer personal jurisdiction, and is served as provided in rule 5.040(a)(3).

Formal notice is the method of service used in probate proceedings and the method of service of process for obtaining in rem jurisdiction over the person’s interest in the estate property. The court does not acquire personal jurisdiction over a person by service of formal notice. “The manner provided for service of formal notice” is as provided in rule 5.040(a)(3).

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Page 35

Informal notice is given to interested persons entitled to notice when formal notice is not given or required.

Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required.

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Page 35

Unless the court orders otherwise or another rule or law provides otherwise, covered petitions, motions, pleadings, and documents must be served on interested persons under Florida Rule of General Practice and Judicial Administration 2.516; witness-subpoena applications are excepted.

Unless the court orders otherwise, every petition or motion for an order determining rights of an interested person, and every other pleading or document filed in the particular proceeding which is the subject matter of such petition or motion, except applications for witness subpoenas, shall be served on interested persons as set forth in Florida Rule of General Practice and Judicial Administration 2.516 unless these rules, the Florida Probate Code, or the Florida Guardianship Law provides otherwise.

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Page 39 | RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS

For an unrepresented minor whose disabilities of nonage have not been removed, service must be made on the persons designated to accept service of process on a minor under chapter 48, Florida Statutes.

If the interested person is a minor whose disabilities of nonage are not removed, and who is not represented by an attorney, then service shall be on the persons designated to accept service of process on a minor under chapter 48, Florida Statutes.

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Page 39 | RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS

A written petition or motion that cannot be heard ex parte, and its hearing notice, must be served a reasonable time before the hearing.

A copy of any written petition or motion which may not be heard ex parte and a copy of the notice of the hearing thereon shall be served a reasonable time before the time specified for the hearing.

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Page 43 | RULE 5.042. TIME

After a request is filed, the moving party must serve the requesting party with notice of further proceedings and copies of subsequent pleadings and documents while that party remains interested.

A party filing a request shall be served thereafter by the moving party with notice of further proceedings and with copies of subsequent pleadings and documents as long as the party is an interested person.

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Page 49 | Rule 5.060(b) Notice and Copies

A person filing a request for notice or an address change must serve a copy on the attorney for the personal representative or guardian and include a certificate of service.

A person filing such request, or address change, must serve a copy on the attorney for the personal representative or guardian, and include a certificate of service.

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Page 49 | Rule 5.060(a) Request

The magistrate must serve copies of the report on the parties.

(h) Filing Report; Notice; Exceptions. The magistrate shall file the report and serve copies on the parties.

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Page 57 | Filing Report; Notice; Exceptions

A resident agent must reside in the county where the proceedings are pending unless the agent is a Florida Bar member who resides in Florida.

A resident agent, other than a member of The Florida Bar who is a resident of Florida, must be a resident of the county where the proceedings are pending.

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Page 59 | Rule 5.110(c)

Cases closed more than 90 days require a $50 reopen fee payable to the Clerk.

On cases closed more than 90 days a $50.00 reopen fee is DUE and payable to the Clerk.

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Page 1 | Reopen fee and notice to creditors

For a settlement over $15,000, the case may be converted to a guardianship and an additional $169 filing fee is indicated, unless a formal guardianship is not required.

There a court appointed guardianship case as settlement over $15,000? This case may be converted to a guardianship and payment of addtl..$169.00 FF paid. Mark N/A if formal guardianship not required

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Page 1 | NOTICE

When assets are between $1,500 and $5,000, the institution holding them must use the vulnerable adult’s unencumbered assets to pay a $75 filing fee to the clerk.

The following institution(s) holding the vulnerable adult’s assets must use the vulnerable adult’s unencumbered assets to pay the clerk of court the following filing fee: $75.00 (if assets are between $1,500–$5,000)

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Page 403

If the court enters an injunction, the fees are taxed as costs against the respondent.

If the court enters an injunction, these fees will be taxed as costs against the respondent.

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Page 404

The respondent is responsible for other costs associated with the judgment, including filing fees and service charges.

Any other costs associated with this judgment, including filing fees and service charges, are to be paid by the respondent.

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Page 411 | Florida Probate Rules

When assets exceed $5,000, the institution holding them must use the vulnerable adult’s unencumbered assets to pay a $200 filing fee to the clerk.

The following institution(s) holding the vulnerable adult’s assets must use the vulnerable adult’s unencumbered assets to pay the clerk of court the following filing fee: $200.00 (if assets are more than $5,000).

We could not find this wording in the court's document. Open the source before relying on it. · Civil cases

Page 404

For an emergency hearing request, email a courtesy copy of the petition or motion to the judicial assistant with “Emergency” in the subject line.

A courtesy copy of the petition/motion shall be e-mailed to csutton@circuit7.org with "Emergency" in the subject line.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | Hearings

A courtesy copy of a notice of hearing should be emailed to the judicial assistant.

A courtesy copy of the notice of hearing should be e-mailed to csutton@circuit7.org.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | Hearings

Petitioners should protect confidential information and minimize sensitive information in the petition for an injunction.

Petitioners should take steps to protect confidential information within the petition for injunction under Florida Rule of General Practice and Judicial Administration 2.420 and minimize sensitive information within the petition for injunction under Florida Rule of General Practice and Judicial Administration 2.425.

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Page 396 | Rule 5.920(a) Petition for Injunction

If the guardians of the property and person are different, they must make a good-faith effort to file the initial guardianship report jointly.

In the event the guardian of the property and the guardian of the person are not the same entity or person, they shall make a good faith effort to jointly file the initial guardianship report.

Not confirmed. Read the court's wording below. · Civil cases

Page 304 | Committee Notes to Rule 5.690

The court may not use this rule to extend the time to serve a motion for rehearing or to enlarge a period governed by the Florida Rules of Appellate Procedure.

The court under this rule may not extend the time for serving a motion for rehearing or enlarge any period of time governed by the Florida Rules of Appellate Procedure.

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Page 43 | RULE 5.042. TIME

The court may extend the inventory-filing time on petition for cause shown without notice, but the personal representative must serve the petition and order on the persons described in subdivision (d).

On petition the time for filing the inventory may be extended by the court for cause shown without notice, except that the personal representative must serve copies of the petition and order on the persons described in subdivision (d).

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Page 122 | RULE 5.340. INVENTORY

Within the statutory election period, the surviving spouse or the spouse’s agent or guardian may petition for an extension; after notice and hearing, the court may extend the time for good cause.

Within the period provided by law to make the election, the surviving spouse or an agent or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election or for approval to make the election. After notice and hearing the court for good cause shown may extend the time for election.

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Page 160 | RULE 5.360. ELECTIVE SHARE

After a specified period expires, the court may permit the act upon motion and notice if the failure to act resulted from excusable neglect.

on motion made and notice, after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect.

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Page 43 | RULE 5.042. TIME

For cause shown, the court may enlarge a specified period in its discretion, with or without notice, if the request is made before the original or previously extended period expires.

When an act is required or allowed to be done at or within a specified time by these rules, by order of court, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order;

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Page 43 | RULE 5.042. TIME

The court may extend the filing time for cause shown after notice to interested persons.

unless the time is extended by the court for cause shown after notice to interested persons.

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Page 176 | Rule 5.400(c)

If service is untimely, the petitioner or alleged incapacitated person may move to continue the hearing.

If service is not timely effectuated, the petitioner or the alleged incapacitated person may move for a continuance of the hearing.

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Page 233 | Service

For good cause shown, the court may extend the deadline to file and serve a written objection.

For good cause shown, the court may extend the time to file and serve the written objection.

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Page 233 | Objections

A monitor’s authority expires after 60 days or upon a finding of no probable cause, whichever occurs first, but the court may extend it for an additional 30 days upon a showing that an emergency condition still exists.

(c) Duration of Authority. The authority of a monitor expires 60 days after the date of appointment or upon a finding of no probable cause, whichever occurs first. The court may enter an order extending the authority of the monitor for an additional 30 days upon a showing that an emergency condition still exists.

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Page 336 | RULE 5.725. EMERGENCY COURT MONITOR

Schedule Division 10 hearings through the judicial assistant by email, including the specified case, motion, docket, and time information, and coordinate with all counsel.

All hearings for Division 10 need to be scheduled through the judicial assistant by email at csutton@circuit7.org. Ibe email must include the case number (fil(arnple: 2024 11111 PRDL). motion(s) and dQ.Qket number to be heard along with the docket number, and amount of time being requested. All hearings must be coordinated with all counsel.

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Page 1 | Hearings

Submit the proposed order appointing counsel for the AIP to the court’s divisional email address for signature.

Counsel for petitioner required to submit proposed order to appoint counsel for AIP. Order to be submitted to courts divisional email address. Division10@circuit7.org for signature.

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Page 1 | CHECKLIST FOR DETERMINATION OF INCAPACITY

Submit the order to the court’s divisional email address for signature.

Order to be submitted to courts divisional email address. Division10@circuit7.org for signature.

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Page 1 | CHECKLIST FOR DETERMINATION OF INCAPACITY

Hearings must be scheduled by email with the judicial assistant, with the specified case and motion details, and coordinated with all counsel.

A.e All hearings for Division 48 need to be scheduled through the judicial assistant by email at csutton@circuit7.org. The email must include "Flagler County", case number (examQ.le.:e 2024 CP 111 or 2024 GA 111), motion(s) to be heard with Docket number_(jl)..._fil1.damount ofe time being requested. All hearings must be coordinated with all counsel.

Checked against the court's document on Oct 10, 2026

Page 1 | Hearings

A courtesy copy of the emergency petition or motion must be emailed with “Emergency” in the subject line.

A courtesy copy of the petition/motion shall be e-mailed to c.s__Llll!m@_ejr~ilZ,rug with "Emergency" in the subject line.

Checked against the court's document on Oct 10, 2026

Page 2 | Hearings

If the plan period remains unclear after reviewing the chart, call the county clerk’s office or appropriate court staff.

Please call the clerk’s office or the appropriate court staff in the county in which you are filing, if you cannot determine the plan period after reviewing the chart.

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Page 375 | APPENDIX A

A proposed order following an evidentiary hearing must be emailed to the Court with the order attached and the required review and agreement information.

The email to the Court in "Word Format" (at csutton@circuit7.org) with the attached proposed order must indicate whether the proposed order had been shown to opposing counsel for review and whether opposing counsel agrees to its content.

Not confirmed. Read the court's wording below. · Civil cases

Page 3 | Submission of Proposed Orders

Proposed orders are submitted to the Court by email at the address provided in the document.

The email to the Court in "Word Format" {divis ion48@circuit7 .org) with the attached proposed order

Not confirmed. Read the court's wording below.

Page 3 | Proposed orders following an Evidentiary hearing

A courtesy copy of the hearing notice should be emailed to the judicial assistant.

A courtesy copy of the notice of hearing should be e-mailed to csutton@circuit7.org.

Not confirmed. Read the court's wording below.

Page 2 | Hearings