Judge James Shenko
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Motion
Court-wideNotice Of Compliance
Court-wide- Immediately Upon Filing
Adjournments
Court-wideRequest must include
Communication
Phone
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideDuty Judge
Document Format Requirements3 rules
At docket sounding, counsel or parties must submit both an electronic Microsoft Word version and a printed copy of the jury instructions and verdict form.
Counsel/parties shall submit to the Court both an electronic version in Microsoft Word and a printed copy of the jury instructions and verdict form at docket sounding.
Composite exhibits must be satisfactorily marked and bound before presentation to the court.
All composite exhibits shall be satisfactorily marked and bound before presentation to the Court.
Oversized exhibits may be used at trial, but if practicable they must be reduced to 8½ by 11 inches, and the reduced copy must be retained by the clerk.
Exhibits to be introduced which are larger than 8 ½ x 11" may be used at trial, but if practicable, same shall be reduced to 8 ½ x 11", and the reduced size copy shall be the exhibit retained by the Clerk in the court file.
Document Filing Requirements63 rules
The declarant attests to filing all required documents for the named Estate.
I hereby Attest to the filing of all required documents for the above named Estate
Document Type
Attestation
For an emergency or time-sensitive proposed order, the Document Title must begin with “emergency or urgent” before the case number.
Also, if your document is an emergency or time-sensitive, please put the word “emergency or urgent” before the case number in the “Document Title” field.
Document Type
Proposed Order
The proposed order’s Document Title must begin with the case number in the specified two-digit-year format without leading zeros.
When you upload proposed orders, please put the case number first in the “Document Title” field on the “Add/Edit Document screen when you submit the order. Please use the following format for the case number, 20CA123, (two digit year, CA, CP, GA, or MH and case number with no leading zeros).
Document Type
Proposed Order
The petition must contain an allegation establishing venue.
Venue allegation
Document Type
Petition For Summary Administration
In an intestate case, the petition must state that petitioners, after reasonable diligence, are unaware of any unrevoked wills or codicils.
Intestate: Statement that after exercise of reasonable diligence Petitioners are unaware of any unrevoked wills or codicils.
Document Type
Petition For Summary Administration
A petition for summary administration must be filed under Florida Probate Rule 5.530.
Petition for Summary Administration - Fla. Prob. R. 5.530
Document Type
Petition For Summary Administration
The petition must include the petitioner's or attorneys' identifying information and specified information about the decedent.
Petitioner/Petitioner(s)’ name(s) and address(es)/attorney name and address; name and LKA of Decedent, last 4 digits of SSN, and date and place of death/state and county of domicile
Document Type
Petition For Summary Administration
The petition must identify the surviving spouse and beneficiaries, including their addresses, relationships, and minors' years of birth.
Names and addresses of surviving spouse and beneficiaries (including relationship) and year of birth if any minors
Document Type
Petition For Summary Administration
The petition must state whether proceedings are pending in another state and, if so, identify the personal representative and the foreign court issuing letters.
Whether proceedings are pending in another state, if yes then name and address of PR in foreign state and court issues letters
Document Type
Petition For Summary Administration
An authenticated copy of the death certificate must be deposited with the Clerk of Courts.
Authenticated copy of death certificate has been deposited with the Clerk of Courts – Fla. Prob. R. 5.171
Document Type
Death Certificate
For testate estates, the original will must be deposited with the Clerk of Courts.
Original Will has been deposited with the Clerk of Courts, Dk. No. ____ (testate only)
Document Type
Will
In a testate case, the petition must identify all unrevoked wills and codicils and state that no other wills or codicils exist.
Testate: Statement identifying all unrevoked wills and codicils and that there are no other wills or codicils
Document Type
Petition For Summary Administration
The petition must describe the estate assets and their estimated values, separately identify homestead or exempt property, and include a proposed distribution schedule.
Description of assets and estimated value, separate description of homestead or exempt property and a schedule of proposed distribution
Document Type
Petition For Summary Administration
A copy of the death certificate must be filed for any deceased beneficiary.
Copy of death certificate for any deceased beneficiary, Dk. No. ____
Document Type
Beneficiary Death Certificate
The petition must be verified by the surviving spouse, if any, and all beneficiaries, unless a joinder to the petition is filed for each beneficiary.
Petition is verified by the surviving spouse (if any) and all beneficiaries, OR
Document Type
Petition For Summary Administration
The attorney of record must certify compliance with the checklist and filing of the required pleadings and supporting documentation.
I HEREBY CERTIFY that I have complied with the above checklist and filed the required pleadings and supporting documentation on the date indicated above in accordance with applicable Florida Statutes, Florida Probate Rules, local rules, administrative orders, and administrative memoranda.
Document Type
Checklist And Certification
A copy of the paid funeral bill must be filed unless the decedent has been dead for more than two years.
Copy of paid funeral bill (not required if decedent has been dead more than 2 years), Dk. No. ____
Document Type
Funeral Bill
An Order Admitting the Will to Probate must be submitted to the court.
Order Admitting Will to Probate
Document Type
Order Admitting Will To Probate
The petition must state that the estate is not indebted, or provide the required creditor information.
Statement that estate is not indebted, OR
Document Type
Petition For Summary Administration
Proof of Formal Notice must be filed for each beneficiary receiving their full share under Florida law.
Proof of Formal Notice has been filed for any beneficiary who is receiving their full share under Florida law, Dk. No. ____
Document Type
Proof Of Formal Notice
The petition must state that all creditors' claims are barred, unless it contains the alternative diligent-search and reasonable-inquiry disclosure.
Statement that All creditors’ claims are barred, OR
Document Type
Petition For Summary Administration
A joinder to the petition must be filed for each beneficiary as an alternative to verification by the beneficiaries.
Joinder to Petition has been filed for each beneficiary, Dk. No. ____ OR
Document Type
Joinder To Petition
An Order of Summary Administration must be submitted to the court under section 735.206.
Order of Summary Administration – Fla. Stat. § 735.206
Document Type
Order Of Summary Administration
If the will is not self-proving under section 732.503, an oath of witness to the will must be filed.
Oath of Witness to Will (if Will is not self-proving under Fla. Stat. § 732.503) - Fla. Stat. § 733.201, Dk. No. ____
Document Type
Oath Of Witness To Will
The statement must confirm a diligent search and reasonable inquiry for known or reasonably ascertainable creditors and that one of the following applies.
Statement that “a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:”
Document Type
Petition For Summary Administration
For an indebted estate, the petition must identify each creditor and provide the nature, amount, and due date of the debt.
The Name and address of each creditor, the nature of the debt, the amount of the debt (i.e. if estimated or exact), and when the debt is due.
Document Type
Petition For Summary Administration
An affidavit of heirs must be filed.
Affidavit of Heirs, Dk. No. ____
Document Type
Affidavit Of Heirs
When a debt will not be paid in full through the proposed administration, the petition must include the specified payment-substitution information.
If payment is being made other than full payment through the proposed administration then include: ☐ Name of person paying debt ☐ Creditors written consent for substitution or assumption ☐ Amount if the debt is compromised ☐ Terms for payment and limitation on liability of person paying the debt
Document Type
Petition For Summary Administration
The petition must identify the petitioner, state the petitioner's interest, and provide the name and address of the petitioner's attorney.
Petition contains Petitioner’s name and address, a statement of the Petitioner’s interest, and the name and address of Petitioner’s attorney
Document Type
Petition For Administration
The petition must contain a statement establishing venue.
Petition contains venue statement
Document Type
Petition For Administration
For an intestate estate, the petition must address known or unknown unrevoked wills and codicils and explain why any known instruments are not being probated.
IF INTESTATE, statement that after the exercise of reasonable diligence the petitioner is unaware of any unrevoked wills or codicils, or if the petitioner is aware of any unrevoked wills or codicils, a statement why the wills or codicils are not being probated
Document Type
Petition For Administration
The petition must disclose known domiciliary or principal proceedings in another jurisdiction and identify the foreign personal representative and issuing court.
Statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters
Document Type
Petition For Administration
The petition must be verified.
Petition is verified
Document Type
Petition For Administration
The petition must contain specified identifying and death information about the decedent and the decedent's domicile.
Petition contains name, LKA, last 4 digits of the SSN, date and place of death of the decedent and the state county of decedent’s domicile.
Document Type
Petition For Administration
The petition must identify the surviving spouse and beneficiaries, their relationships to the decedent, and the birth year of any minor beneficiaries.
Names and addresses of the surviving spouse, if any, the beneficiaries, their relationship to decedent and the birth year of any minors.
Document Type
Petition For Administration
In a testate estate, the petition must include a statement concerning the original last will or an authenticated copy of a will held or probated elsewhere.
If TESTATE, a statement that the original of the decedent's last will is in the possession of the court or accompanies the petition, or that an authenticated copy of a will deposited with or probated in another jurisdiction or that an authenticated copy of a notarial will, the original of which is in the possession of a foreign notary, accompanies the petition; and
Document Type
Petition For Administration
For a testate estate, the petition must identify all unrevoked wills and codicils presented for probate and address any other known instruments.
IF TESTATE, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that the petitioner is unaware of any other unrevoked wills or codicils or, if the petitioner is aware of any other unrevoked wills or codicils, a statement why the other wills or codicils are not being probated;
Document Type
Petition For Administration
The Petition for Administration must be filed with the Clerk of Court and docketed.
Petition for Administration filed with the Clerk of Court, Dk. No. ____
Document Type
Petition For Administration
The original death certificate must be deposited with the Clerk of Court and docketed.
Original Death Certificate deposited with the Clerk of Court, Dk. No. ____
Document Type
Original Death Certificate
The petition must state the approximate value and nature of the estate assets.
Petition contains the approximate value and nature of the assets;
Document Type
Petition For Administration
The petition must state the applicant's statutory priority and identify any person having equal or higher preference, including whether that person will receive formal notice.
Statement of the priority, under section 733.301, Florida Statutes, of the person seeking appointment as the personal representative. Statement if any other person has equal or higher preference in appointment (if so, their name and whether they will be served with formal notice).
Document Type
Petition For Administration
The checklist presents a restricted-depository petition or a statement that the estate has no liquid assets as alternatives.
Petition for Restricted Depository, Dk. No. ____ OR ☐ The estate contain no liquid assets
Document Type
Restricted Depository Petition
The petition must state that the proposed personal representative is qualified to serve under Florida law.
Statement that the personal representative seeking appointment is qualified to serve under the laws of Florida as a business entity under section 733.305, Florida Statutes, or, if an individual, that the person is qualified to serve under the laws of Florida, including:
Document Type
Petition For Administration
The Oath of Personal Representative and the Designation and Acceptance of Resident Agent must be filed and docketed.
Oath of Personal Representative and Designation and Acceptance of Resident Agent - Fla. Prob. R. 5.320 and 5.110, Dk. No. ____
Document Type
Oath And Resident Agent Designation
The quote provides a blank docket-number field for an Affidavit of Heirs.
Affidavit of Heirs, Dk. No. ____
Document Type
Affidavit Of Heirs
A verified inventory must be filed and docketed.
Verified inventory – Fla. Stat. §733.604, Dk. No. ____
Document Type
Verified Inventory
A proposed order appointing the personal representative and setting any bond must be submitted to the court.
Order Appointing Personal Representative and setting bond, if any
Document Type
Proposed Order
Proposed Letters of Administration must be submitted to the court.
Letters of Administration
Document Type
Letters Of Administration
The checklist permits either a waiver and consent from the majority in interest of the heirs or proof of formal notice on qualifying persons with equal or greater preference.
Waiver and Consent to Appointment of Personal Representative from majority in interest of the heirs – Fla. Stat. § 733.301(b); Fla. Prob. R. 5.201 OR ☐ Proof of Formal Notice on all persons qualified to act as personal representative and who are entitled to preference equal to or greater than petitioner - Fla. Prob. R. 5.040
Document Type
Notice Appointment Documents
An individual proposed personal representative's qualification statement must address felony convictions, physical and mental capacity, age, and Florida residency or the required nonresident relationship statement.
___ Whether the person has been convicted of a felony; ___ Whether the person is mentally and physically able to perform the duties of a personal representative ___ That the person is 18 years of age or older; and ___ Whether the person is a resident of Florida and, if not a resident, a statement of the person's relationship to the decedent in accordance with section 733.304, Florida Statutes.
Document Type
Petition For Administration
Provide a copy of the death certificate for any deceased beneficiary.
Copy of death certificate for any deceased beneficiary, Dk. No. ____
Document Type
Beneficiary Death Certificate
If a bond is requested, a Petition to Set Bond must be filed and docketed.
Petition to Set Bond, Dk. No. ____
Document Type
Petition To Set Bond
The submitted jury instructions and verdict forms must include applicable Florida Standard Jury Instructions and forms adapted to the case.
The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case.
Document Type
Jury Instructions And Verdict Form
Counsel and pro se parties must list every trial witness with an estimated testimony time and a concise description of the expected testimony.
Counsel and all pro-se parties shall attach or list below all witnesses they actually intend to call at trial, including an approximate total amount of the time for each witness and a concise statement of the facts about which the witness will testify.
Document Type
Trial Witness List
An itemized list of all damages intended for presentation to the jury must be attached to or included with the order.
DAMAGES. Attached, or listed below, is an itemized list of all claimed damages that are going to be presented to the jury.
Document Type
Itemized Damages List
The pretrial order must contain a statement or summary of the case for the trial judge.
Statement/Summary of Case: (This will not be read to the jury - it is for the trial judge's information.)
Document Type
Pretrial Order
Jury instructions and verdict forms must be fully discussed and submitted before docket sounding unless the court directs otherwise.
Unless specifically directed otherwise by the Court, jury instructions and verdict forms shall be fully discussed and submitted prior to docket sounding.
Document Type
Jury Instructions And Verdict Form
A notice of potential trial conflicts and specified information about each conflicting case must be filed before docket sounding.
Prior to docket sounding, a notice of potential trial conflicts should be filed, including information for any other potentially conflicting case(s), including case style, case number, filing date, trial period, judge (with contact information/telephone number), whether such case has been continued previously or has been special set, etc.
Document Type
Notice Of Trial Conflicts
A Notice of Trust must be filed when applicable.
Notice of Trust (if applicable)
Document Type
Notice Of Trust
The certification must be dated and signed by the attorney and include the attorney's printed name, bar number, and email address.
Dated: ____________ ________________________________________ Attorney's Signature Printed Name:____________________________ Bar Number: _____________________________ Email Address(es):_________________________
Document Type
Checklist And Certification
Include an order designating a depository for assets when applicable.
☐ Order Designating Depository for Assets (if applicable)
Document Type
Petition For Formal Administration Checklist
Any previously disclosed Fabre defendant should be included on the proposed verdict form.
FABRE. Any Fabre defendant previously disclosed should be included on the proposed verdict form.
Document Type
Proposed Verdict Form
Jury instructions must be submitted as one agreed-upon package in presentation order, with disputed instructions flagged.
Jury instructions shall be submitted in one agreed upon package in appropriate order of presentation, with any disputed instructions flagged for review and discussion.
Document Type
Jury Instructions
Filing & Service rules
Electronic Filing Rules
When e-filing a proposed order, the filer must select “Proposed Documents” so the order is routed to the court.
When e-filing a proposed order, be sure to select “Proposed Documents” to ensure that that the order gets routed to us.
Page 1 | Submitting Proposed Orders
Proposed orders should be submitted through the court’s e-filing portal.
Proposed Orders should now be submitted via the e-filing portal at https://www.myflcourtaccess.com/default.aspx.
Page 1 | Submitting Proposed Orders
The checklist and proposed orders must not be submitted until all required documents are posted in Odyssey.
Please do not submit the checklist and order until all documents are posted in Odyssey.
Page 1 | Checklist and Certification – Petition for Summary Administration Checklist
The checklist, orders, and letters may not be submitted until all required documents have been posted in Odyssey.
Please do not submit this checklist, orders and letters until all documents are posted in Odyssey.
Page 1 | PETITION FOR FORMAL ADMINISTRATION CHECKLIST
Filing Timing and Cure Windows
A proposed order may be submitted after the motion appears on the Clerk’s docket.
The Motion will need to appear on the Clerk’s docket, before the order can be considered. Once the motion appears on the Clerk’s docket, you can submit the proposed order.
Page 1 | Submitting Proposed Orders
Trial counsel and pro se parties must meet in person or by video conference at least 48 hours before docket sounding to discuss jury instructions and verdict forms.
All trial counsel and any pro-se parties are to meet in person or by video-conference at least 48 hours before docket sounding for this purpose.
Page 1 | JURY INSTRUCTIONS & VERDICT FORM
Deposition designations must be completed and discussed at least ten business days before docket sounding.
Deposition designations must be made and discussed at least ten business days in advance of docket sounding.
Page 1 | DEPOSITION TRANSCRIPTS
All exhibits must be marked and exchanged at least five full business days before docket sounding.
ALL EXHIBITS SHALL BE MARKED AND EXCHANGED AT LEAST FIVE FULL BUSINESS DAYS PRIOR TO DOCKET SOUNDING.
Page 1 | EXHIBITS
Service and Proof of Service Rules
Parties without an email address for electronic service must receive a signed copy by regular mail, and the filer is responsible for sending it.
If there are any parties in the case without an email address set up for electronic service, you will be responsible for sending them a signed copy by regular mail.
Page 1 | Submitting Proposed Orders
The notice checklist requires service on the surviving spouse, all beneficiaries, applicable trust fiduciaries and beneficiaries, and persons entitled to exempt property, with waivers from all parties entitled to notice when used.
All parties previously served under 733.2123 ___ Served on surviving spouse ___ Served on All beneficiaries ___ Served on trustee of any trust, ___ Served on beneficiary of trust of trustee is also the PR ___ Served on persons entitled to exempt property ___ Waivers of Notice of Administration filed by ALL parties entitled to notice
Page 2 | Notice of Administration
The certificate of service must state that conformed copies were mailed on the specified date.
Pursuant to Rule 1.080 of the Florida Rules of Civil Procedure, conformed copies have been mailed this ______day of _________, _____, to the following:
Page 1 | CERTIFICATE OF SERVICE
Chambers Communication Rules
A person needing a disability accommodation must contact Brooke Dean at (239) 533-1711 at least seven days before the court appearance, or immediately if fewer than seven days remain.
Please contact Brooke Dean, Operations Division Manager, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida, 33901 and whose telephone number is (239) 533-1711, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days
Page 1 | AMERICANS WITH DISABILITIES ACT
A hearing-impaired person seeking an accommodation should call 711.
if you are hearing impaired, call 711.
Page 1 | AMERICANS WITH DISABILITIES ACT