Limits & Logistics
Courtesy Copies
Emergency Motion
Motion, Supporting Documentation
Adjournments
- Counsel and unrepresented parties must attend conferences unless excused; a continuance or excusal request requires a status report and Motion for Continuance at least 10 days before the conference, and parties must appear unless the court grants a continuance.
- Continuance requests must be written, specific, and show good cause; they are evaluated case by case and are not routinely granted.
Request must include
Communication
Document Format Requirements4 rules
All proposed orders should be submitted in Word format to the address above or through the e-portal.
- File type
- Word
Add additional pages as needed.
Formatting
- •Add additional pages as needed
Add additional pages as needed.
Formatting
- •Add additional pages as needed
Attach additional pages as needed.
Formatting
- •Attach additional pages as needed
Document Filing Requirements79 rules
The Petitioner, under the penalties of perjury, declares that the foregoing facts have been read and are true to the best of their knowledge and belief.
Under penalties of perjury, I swear or affirm
Signed receipts or other evidence that service was made on each addressee or the address’s agent are attached.
Do you have a certified copy of the death certificate?
(Make sure you file a Petition to Admit Will)
Do you have the original will? If yes, (make sure you deposit it with the clerk) go to question 5. If no, please locate and file the original will.
The petition must be completed in full, including beneficiaries, assets and values, creditors, and the proposed distribution.
Court's wording
Is the entire petition completed, including correct beneficiaries, all assets and values, any creditors, and proposed distribution of assets? If yes, go to question 6. If no, please complete the petition in its entirety.
Have you completed the required Affidavit of Heirs? If yes, go to question 3. If no, please complete before moving forward.
If you wish to distribute real property, have you provided the deed with a full legal description?
If you wish to distribute personal property such as bank accounts, insurance policies, or stocks, have you provided a recent statement reflecting the current amount or value?
If you wish to distribute personal property such as a vehicle, have you provided the title or documentation including the VIN?
Have they reviewed the petition and signed a Joinder/Waiver form?
And does so under the penalties of perjury, having read the foregoing, and attested to the facts as true, to the best of my knowledge and belief.
The deceased (check one)
(check next to each statement that is applicable)
A spouse who has waived their homestead rights. (attach a copy)
At the time of the decedent’s death the property was (check all as applicable)
The name of the decedent’s surviving spouse, if any, and the names and dates of birth of heirs of the decedent having an interest in the decedent’s estate, if any, and their respective relationships to the decedent are:
With respect to the claims of creditors: (check each statement that is applicable)
Please also attach a deed or other complete legal description of the property Please note that the property appraiser's records generally will not include a full legal description.
At the time of the decedent’s death, the decedent owned and resided on the real property located at (address of property)
☐ consisted of approximately __________ acres (required)
An Affidavit of Heirs must be completed along with this form.
Before relief may be granted, each interested party must sign the petition with a notarized signature, file a joinder, waiver, and consent, or be served by formal notice.
Court's wording
Before the relief can be granted all interested parties must either: 1) sign this petition and have their signature notarized, 2) sign a joinder, waiver and consent that is filed with the court, or 3) be served by formal notice with a copy of the return of service filed with the court.
An Affidavit of Heirs is a sworn document that lists ALL RELATIVES OF THE DECEDENT. This includes blood relatives and legally adopted relatives regardless of whether or not they survived the decedent. In this document, you must list all relatives, including yourself.
In order to do that, an Affidavit of Heirs must be filed.
If the relative was deceased at the time of the decedent’s death, please provide the deceased relative’s name, indicate that they are deceased, and their date of death.
You must be clear with responses to all categories; if there is no person in the respective category ((i.e., the decedent was an only child, and therefore had no sibling(s)), please indicate “None.”
Prior to submitting your proposed order, and to make sure there are no unnecessary delays, Along with the proposed order, an e-filed cover letter must be attached.
Petitions for approval of settlement require a hearing.
Each order must include a certificate of service identifying the recipient and that party’s e-service or mailing address, as applicable.
- Document
- Order
Must include
- •Certificate of service
Court's wording
All orders shall include a certificate of service at the bottom of the order indicating the name of the party who is to receive the order, as well as that party’s e-service address OR mailing address, if a hard copy is required.
Hearing requests should be made by email and should include the county name, full case number, style of the case, type of motion(s) being heard, the attorneys and/or pro se parties involved, and the amount of time requested.
If you believe the matter you have submitted for review is eligible for emergency relief or must be reviewed on an expedited basis, please state that it is an “Emergency” in the subject line of your email and include a courtesy copy of your motion and all attachments.
Your motion must state good cause for the remote appearance along with steps necessary to ensure that no party will be prejudiced by the remote appearance.
When the original will is docketed in a separately numbered case, include that additional case number in the proposed-order email submission and in the text of the order admitting the will to probate.
Court's wording
If the original will has been docketed in a separately numbered case (i.e., when a suggestion of death is filed in advance of the opening of an estate and generates separate CP or WL case number), you must specify that additional case number in the email submission of the proposed orders, as well as in the text of the proposed order admitting the will to probate.
You must file a notice of hearing that will advise if your event is in person or remote.
As a result, any issue to be considered by the Court should be in the form of a pleading or petition filed with the Court and copies provided to all parties of record.
Every probate case must include the listed documents, including the will and codicils if applicable.
Court's wording
In addition to the specific petitions and information required for each type of proceeding, you will also be required to file the following in every case: 1. Certified copy of decedent’s death certificate 2. Affidavit of Heirs 3. The original last will and testament and any codicils (if applicable) 4. Proof of service of formal notice of the petitions, or joinder, waiver, and consent to the petition by all interested parties
For purposes of this document, you must list ALL RELATIVES (as indicated below) of the Decedent, including yourself, if applicable.
When appropriate you must indicate if the relationship is that of a half-relative (i.e., half-brother or half-sister).
If the relative was deceased at the time of the Decedent’s death, please provide the deceased relative’s name, indicated deceased, and approximate date of death.
Spouse of the Decedent. Provide name and address; or if deceased, provide name, indicate deceased, and approximate date of death.
If any of the children are NOT biologically related to BOTH the Decedent and the spouse at the time of death, provide the name of that particular child’s other biological parent.
Children of Decedent: (Provide names and addresses; or if deceased, provide name, indicate deceased, and approximate date of death.)
Parents of the Decedent. (Provide names and addresses; or if deceased, provide name, indicate deceased, and approximate date of death.)
Grandchildren of Decedent: List the full name of grandchildren of the Decedent, making sure to provide the name of such grandchild’s parents, and include the address for each grandchild.
You must indicate whether the relationship is that of a full sibling or a half-relative (i.e., half-brother or half- sister).
(Provide name and address; or if deceased, provide name, indicate deceased, and approximate date of death.)
An Affidavit of Heirs must be filed along with the petition.
[If the deceased left a will, the original will must be filed with the petition]
For any bank account, insurance accounts, or other financial assets, you must provide a recent statement reflecting on the current value.
Please also attach a deed or other complete legal description of property.
☐ Completed Joinder/Waivers for all interested parties or had them sign this petition?
All interested parties must either 1) sign the petition and have their signature notarized, 2) sign a joinder, waiver and consent, or 3) be served formal notice and proof of notice filed with the court.
☐ Included an original or a certified copy of the Death Certificate?
☐ Completed the Affidavit of Heirs?
☐ For all other assets, included a complete recent statement?
☐ For any real property, included a deed showing the property was owned by the deceased with a full legal description?
Under penalties of perjury, I declare that I have read the foregoing Petition for Summary Administration, and the facts alleged therein are true, to the best of my knowledge and belief.
The petition form provides for each petitioner's instrument to be sworn to, subscribed, and acknowledged before a notary or deputy clerk.
Court's wording
The foregoing instrument was sworn to, subscribed and acknowledged this ___ day of ___________, 20___, by _________________________ , who is ( ) personally known to me or ( ) produced _________________________________ as identification.
Legal description of property (street address is not sufficient) [5.405(b)(4)]
Petition is verified [731.104, 5.020(e), 5.405(b)]
use metes & bounds description if there is one
Creditors’ claims: _____ are statutorily barred [733.710]; OR _____ summary admin petition alleges a diligent search, and the estate is not indebted [5.530(a)(9)]; OR _____ notice to creditors, if any [5.040].
Court has jurisdiction over beneficiaries [“Homestead Made Easy - Part3a,” Rohan Kelly, Fla. Bar Journal, Jul/Aug 1995, pp 56, 57, either through consent or formal notice] [731.301(2), 5.040]
State actual acreage (not just “less than ½ acre”) [Fla. Const. Art. X, § 4(a)(1)]
Filing & Service rules
Electronic Filing Rules
All motions, along with supporting documentation, should be e-filed or, for pro se parties, delivered to the Clerk’s office.
All motions, along with supporting documentation, should be e-filed or, for pro se parties, delivered to the Clerk’s office.
Page 1 | PROPOSED ORDERS
Do not send paper orders or motions to the court.
You should not send any paper orders or motions to the court.
Page 1 | PROPOSED ORDERS
All original documents, including wills, should be deposited directly with the Clerk of Court.
All original documents, including wills, should be deposited directly with the Clerk of Court.
Page 2 | ORGINAL WILLS AND OTHER PAPER DOCUMENTS
File documents through the E-Filing portal or with the Clerk; do not send paper documents to the Court or its staff for filing unless requested.
All documents must be either electronically filed through the E-Filing portal or filed with the Clerk of Court’s office. Unless specifically requested, do not send paper documents to the Court, chambers, staff attorneys, or other court staff for filing.
Page 2 | ORGINAL WILLS AND OTHER PAPER DOCUMENTS
Self-represented litigants may file petitions and other documents in person, by mail, or through the Florida E-Filing Portal.
Self-represented (pro se) litigants may file petitions or other pleadings or documents in person with the Clerk of Court, by mail, or electronically using the Florida E-Filing Portal.
Page 2 | How do I file my case?
Filing Timing and Cure Windows
The original written defenses must be filed with the court clerk before service or immediately thereafter.
and to file the original of the written defenses with the clerk of the above Court either before service or immediately thereafter.
Civil cases
Page 1 | FORMAL NOTICE
A hearing will not be set until all required documentation has been filed.
A hearing will not be set until all documentation required has been filed.
Page 1 | SCHEDULING A HEARING
Hearings should not be requested until all required documents have been filed, and notice has been effected in accordance with the Rules, or waivers filed by all parties entitled to notice.
Hearings should not be requested until all required documents have been filed, and notice has been effected in accordance with the Rules, or waivers filed by all parties entitled to notice.
Page 1 | SCHEDULING A HEARING
For an in-person hearing, file a motion at least 10 days before the hearing to request electronic attendance.
For hearings that are scheduled to occur in-person, you must file a Motion with the court not less than 10 days in advance of your hearing date if you wish to attend by electronic means.
Page 2 | TELEPHONIC/REMOTE APPEARANCES
The Court will not hold an order pending expiration of timeframes or correction of deficiencies; resubmit it when appropriate.
The Court cannot hold orders waiting for timeframes to run or corrections of deficiencies. If an order cannot be entered at the time it is submitted, you will need to resubmit the order once appropriate.
Page 1 | PROPOSED ORDERS
An order will not be entered until the Clerk has docketed and imaged the motion and all supporting documentation.
Orders will not be entered until the motion and all supporting documentation has been docketed and imaged by the Clerk.
Page 1 | PROPOSED ORDERS
In some counties, docketing and imaging may take 7–10 days after filing.
Please note in some counties this can take 7-10 days after your filing.
Page 1 | PROPOSED ORDERS
Service and Proof of Service Rules
The proof of service states under penalty of perjury that formal notice was served using one of the listed methods.
Under penalties of perjury, I swear or affirm that on ______________________________, a copy of ______________________________________________________________________ and a copy of the formal notice thereof filed in the above proceeding were mailed by United States registered or certified mail, return receipt requested, by commercial delivery service with receipt of delivery, or were delivered in a manner permitted by Florida Probate Rule 5.040(a), to:
Civil cases
Page 1 | Proof of Service of Formal Notice
Written defenses must be served on the undersigned within 20 days after service of the Notice, excluding the day of service.
You are required to serve written defenses on the undersigned within 20 days after service of this Notice, exclusive of the day of service
Civil cases
Page 1 | FORMAL NOTICE
Creditors must be formally notified by certified mail, and proof of service, such as a green card, must be received.
Have you formally noticed the creditors through certified mail and received proof of service such as a green card?
Page 1 | Are you ready to file?
Beneficiaries who have not reviewed the petition and signed a Joinder/Waiver must be formally notified by certified mail, with proof of service received.
If no, formally noticed the beneficiaries through certified mail and receive proof of service such as a green card.
Page 2 | Are you ready to file?
Creditors with claims must be served with the petition, and proof of formal service must be filed before entry of the homestead order.
All creditors ascertained to have claims must be properly served with a copy of this petition and the proof of formal service must be filed with the court prior to the entry of the Order Determining Homestead.
Civil cases
Page 3 | With respect to the claims of creditors
Each interested party must join the petition, file consent and waive formal notice, or receive formal notice by certified mail with proof of service filed with the court.
Each interested party must either 1) join in this petition, 2) file a consent to the petition and waive formal notice or 3) must be sent formal notice of the petition by certified mail and proof of service filed with the court.
Civil cases
Page 4 | Beneficiaries and interested parties
Each beneficiary must join the petition, file consent and waive formal notice, or receive formal notice by certified mail with proof of service filed with the court.
Note that each beneficiary must either 1) join in this petition 2) file a consent to the petition and waive formal notice or 3) must be sent formal notice of the petition by certified mail and proof of service filed with the court.
Civil cases
Page 4 | Beneficiaries and interested parties
If formal notice is used to serve an interested party, a copy of the return of service must be filed with the court.
3) be served by formal notice with a copy of the return of service filed with the court.
Civil cases
Page 5 | WHEREFORE
Do not submit a proposed order until applicable time and notice periods have expired and all interested parties have been properly served.
Please do not submit your proposed order until all applicable time and notice periods have expired and all interested parties have been properly served as required by applicable law.
Page 1 | PROPOSED ORDERS
Provide copies of the pleading or petition to all parties of record.
copies provided to all parties of record.
Page 3 | EX PARTE EMAILS OR CORRESPONDENCE
File proof of service of formal notice of the petitions, or obtain joinder, waiver, and consent from all interested parties.
4. Proof of service of formal notice of the petitions, or joinder, waiver, and consent to the petition by all interested parties
Page 2 | What documents are needed to file a probate case?
Proof is insufficient if it does not clearly show formal notice and receipt by the intended recipient, including mail returned undeliverable or left at a door or with another person.
Note: documents that do not clearly demonstrate formal notice and receipt by the intended recipient (i.e., mail returned undeliverable, mail left at door/with another person) will not be sufficient.
Page 1 | Interested Parties, Formal Notice, & Waivers
You must provide formal notice of filed documents to all interested parties.
In addition to completing the appropriate forms, you must provide all interested parties with formal notice of the documents you have filed.
Page 1 | Interested Parties, Formal Notice, & Waivers
After providing formal notice, you must file proof of service with the court.
Once formal notice has been provided, it is your responsibility to file proof of service of formal notice with the court.
Page 1 | Interested Parties, Formal Notice, & Waivers
Formal notice must be served on the listed creditors by certified mail, and proof of service must be filed with the court.
Formal notice of the petition must be served on the creditors listed above by certified mail and file proof of service with the court.
Civil cases
Page 3 | With respect to the claim of creditors
If an interested party does not sign the petition or a joinder, waiver and consent, the party must be served formal notice and proof of notice must be filed with the court.
All interested parties must either 1) sign the petition and have their signature notarized, 2) sign a joinder, waiver and consent, or 3) be served formal notice and proof of notice filed with the court.
Civil cases
Page 4 | WHEREFORE, Petitioner(s) requests to distribute the estate as follows
An interested party who agrees with the filings may file a joinder, waiver, and consent, which removes the obligation to serve that party with formal notice.
Alternatively, if the interested parties agree with the filings in the probate proceeding, they may file a joinder, waiver, and consent to the petition(s). The filing of these documents alleviates the obligation to serve a party with formal notice.
Page 1 | Interested Parties, Formal Notice, & Waivers
USPS Certified Mail is a common method for providing formal notice.
The most common method of providing formal notice is through USPS Certified Mail or by using a commercial delivery service that requires a signed receipt or any other form of confirmation of receipt.
Page 1 | Interested Parties, Formal Notice, & Waivers
Proof of formal notice may include the certified-mail green card, delivery-service tracking confirming receipt, or similar evidence.
You may do this by filing the “green card” confirming certified mail service, tracking information from commercial delivery services confirming receipt, or other similar proof.
Page 1 | Interested Parties, Formal Notice, & Waivers
Filing Fees and Waivers
Filing fees depend on the type of proceeding, and certified copies or other documents may also have costs.
The filing fees vary by type of proceeding, as well as the cost of any certified copies or other documents you may need to obtain.
Page 2 | How much does it cost to open a probate case?
Courtesy Copy Requirements
Do not provide the Court with copies of motions or supporting documentation, except for emergency pleadings.
Except for emergency pleadings, please do not provide the Court with a copy of the motion or any supporting documentation.
Page 1 | PROPOSED ORDERS
Include a courtesy copy of the motion and all attachments when requesting emergency or expedited review.
If you believe the matter you have submitted for review is eligible for emergency relief or must be reviewed on an expedited basis, please state that it is an “Emergency” in the subject line of your email and include a courtesy copy of your motion and all attachments.
Page 2 | EMERGENCY MOTIONS
Sealing & Redaction Procedures
The petitioner must not share information received from a financial institution through the petition except with the Clerk of Court or the Probate Court.
Petitioner understands that the information received from any financial institution via this Petition, is not to be shared with anyone or anything other than the Clerk of Court and/or the Probate Court.
Civil cases
Page 2 | Petition to Access Information About the Decedent’s Bank Account(s)
Adjournment & Extension Requirements
Counsel and unrepresented parties must attend conferences unless excused; a continuance or excusal request requires a status report and Motion for Continuance at least 10 days before the conference, and parties must appear unless the court grants a continuance.
Counsel and unrepresented parties must attend all status and Case Management Conferences unless excused by the court. To request a continuance or excusal the party or their attorney must file a status report along with a Motion for Continuance not less 10 days prior to the Case Management Conference requesting a continuance. Continuances are at the discretion of the court and parties must appear unless a continuance is granted. Sanctions may be imposed for failure to appear.
Page 2 | STATUS CONFERENCE/CASE MANAGEMENT CONFERENCE
Continuance requests must be written, specific, and show good cause; they are evaluated case by case and are not routinely granted.
Continuances are not routinely granted and are evaluated on a case-by-case basis. All requests must be made in writing with specificity and show good cause.
Page 3 | CONTINUANCES
Chambers Communication Rules
Hearing requests should be emailed and include the specified case, motion, participant, and time information.
Hearing requests should be made by email and should include the county name, full case number, style of the case, type of motion(s) being heard, the attorneys and/or pro se parties involved, and the amount of time requested.
Page 1 | SCHEDULING A HEARING
Do not send original documents to the judicial officer or case manager.
Do not send any original documents to the judicial officer or case manager.
Page 2 | ORGINAL WILLS AND OTHER PAPER DOCUMENTS
For a matter believed eligible for emergency or expedited review, put “Emergency” in the email subject and include a courtesy copy of the motion and all attachments.
If you believe the matter you have submitted for review is eligible for emergency relief or must be reviewed on an expedited basis, please state that it is an “Emergency” in the subject line of your email and include a courtesy copy of your motion and all attachments.
Page 2 | EMERGENCY MOTIONS
Judges and court staff may not speak with parties about substantive matters in a case.
The Code of Judicial Conduct precludes judges, magistrates, judicial assistants, case managers, staff attorneys, and other court staff from speaking to parties about substantive matters in any case.
Page 3 | EX PARTE EMAILS OR CORRESPONDENCE
Judicial officers may not consider ex parte communications.
In addition, the Code of Judicial Conduct prohibits judicial officers from considering ex parte
Page 3 | EX PARTE EMAILS OR CORRESPONDENCE
Do not call or email the Court to speak with the Judge or Magistrate about a case.
Please do not call or email the Court expecting to speak with the Judge or Magistrate about any case.
Page 3 | EX PARTE EMAILS OR CORRESPONDENCE
Do not request or schedule anything during times marked as taken on the calendar.
Red blocks are times that are taken. Please do not request or schedule anything during these times.
Page 1 | How to read the calendar
Wait at least 14 days after submitting proposed orders before following up with the case manager.
Please allow at least 14 days after submitting your proposed orders for review before following up with the case manager.
Page 1 | PROPOSED ORDERS
Calendar availability is not guaranteed; contact the court through the usual channels to schedule.
This calendar is for reference only. An open time is not a guarantee. To schedule something, please contact the court in the usual way.
Page 1 | Good to know
Contact the clerk of court for more information about filing fees, petitions for civil indigency, or other matters.
Please contact the clerk of court for additional information on filing fees, petitions for civil indigency, or other matters.
Page 2 | How much does it cost to open a probate case?
Contact the Clerk of Court for additional information about filing a case.
Contact the Clerk of Court for additional information.
Page 2 | How do I file my case?