Judge Linda L. Gaustad
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Notice of Hearing
Petition, Motion
Adjournments
- If service is untimely, the petitioner or alleged incapacitated person may move to continue the hearing.
- The court may extend the filing time for cause shown after notice to interested persons.
- After a specified period expires, the court may permit the act upon motion and notice if the failure to act resulted from excusable neglect.
- +6 more
Request must include
Communication
Chambers
Chambers
Document Format Requirements9 rules
The proposed order must be an attachment to the email in Microsoft Word format.
- File type
- Word
- Proposed order
The required statement(s) in covered court notices and process must be bold, 14-point, and in Times New Roman or Courier font.
- Font size
- 14 points
- Process compelling attendance
Formatting
- •Text must be in bold face
Court's wording
NOW THEREFORE, I, JAMES R. CLAYTON, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that pursuant to Rule 2.540(c), Florida Rules of General Practice and Judicial Administration, all notices of court proceedings held in court facilities in Flagler, Putnam, St. Johns and Volusia counties, and all process compelling attendance at such proceedings, shall contain the statement(s) attached hereto as “Exhibit A”, in bold face, 14-point Times New Roman or Courier font.
The proposed order must be an attachment to the email in Microsoft Word format.
- File type
- Word
The proposed order must be emailed to the Court in Word format.
- File type
- Word
- Proposed order
Court's wording
The email to the Court in "Word Format" {divis ion48@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.
An objection to a personal representative’s proof of claim must be in writing.
- Objection
Formatting
- •The objection must be in writing
Court's wording
(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.
Accountings that substantially conform to the model formats are acceptable. The model accounting format included in Appendix A is only a suggested form.
A model format for an accounting is attached to this rule as Appendix A.
Attached, as Appendix A, is a model accounting format which is only a suggested form.
(Please use additional sheets if necessary.)
Document Filing Requirements702 rules
Does the petition provide name, residence and mailing address of the guardian?
Is the petition signed by a Florida licensed attorney indicating his address, phone number and FL Bar number?
State the nature and value of the property subject to this guardianship?
Does the petition provide the ward’s name, age, residence and post office address?
Does the application provide the names, case numbers and jurisdiction of all ward’s for which (s)he is guardian? Mark N/A if clarified no other wards.
Level 2 background screening report from FDLE or Petition to Waive? FS 744.3135 (prior to appointment) indicate N/a if corporate guardian.
The names and address of person(s) the ward wants to receive notice of this guardianship?
Is the petition accompanied by a certificate from a licensed physician specifying that he/she has examined the petitioner and the petitioner is competent to understand the nature of his/her designation of authority?
Oath of Guardian & Designation of Resident Agent filed? (required before letters issued)
Credit Report or Petition to Waive? FS 744.3135 (prior to appointment) indicate N/A if corporate guardian
Application By Guardian (required by all proposed guardians prior to appointment )
Is the petition a verified statement? (signed under penalty of perjury)
Does the petition contain facts to establish venue?
Does the application provide the qualifications for the applicant to be a guardian? Indicate in notes if any information in application requires court review
If the personal property includes exempt property, the application must be signed by all persons entitled to the exempt property.
Are copies of the funeral bill and/or other expenses provided? YES NO Proceeding cannot continue until copies are provided
Notarized consents will be required from the person who paid the funeral bill and from anyone entitled to receive exempt property when distribution is going elsewhere.
Rule 5.470 – Authenticated Copies from Domiciliary Estate (If a petition is not required in the domiciliary estate this must be documented by affidavit or certificate)
When required – make provision for payment of debts as outlined in Probate Rule 5.530 (9)
Describe the assets & specifically designate the person to whom each asset is to be distributed
CLAIMS: When there are no funds in the estate to pay claims and there is a trust, a Notice of Trust should be filed.
REPORT OF DISTRIBUTION filed? doc #: ______ (Must be filed when all receipts are not filed.)
PETITION FOR DISCHARGE: Rule 5.330 & 5.400 doc #: ______ (must be signed by PR)
The court will require the claims to be satisfied from the trust and proper releases or satisfactions filed in the estate.
(waivers must comply with Rule 5.180(b) w/statement they know the amount & manner of determining fees & compensation)
A Petition for Subsequent Administration must include the listed petitioner and attorney information, asset details, signatures, reason for further administration, and relief sought.
Court's wording
In compliance with FL Probate Rule 5.460 Petition for Subsequent Administration contains: Petitioner’s Information Attorney Information ☐Petitioner’s Name ☐Address & Phone number ☐Petitioner’s Address ☐FL Bar number ☐State the Interest of Petitioner ☐Signed by Attorney ☐Describe the asset(s) to be administered ☐Give approximate value of asset(s) ☐Identify asset(s) and location if applicable ☐Signed by petitioner ☐State the reason for further administration ☐Statement as to the relief sought
A petition to determine homestead must be verified and include the listed information about the decedent, property, and persons receiving it.
Court's wording
Rule 5.405 – Petition to Determine Homestead must: Be a verified statement Give name of surviving spouse, if any Contain decedent date of death State county of decedent’s domicile at death Name surviving spouse and descendants, Date of birth for minor descendants, if any Provide legal description of property State the decedent owned & resided on the property @ time of death State how the real property was owned @ time of death (ex: sole ownership / joint tenancy / tenancy in common / etc) State that the property is homestead & passes free of creditors; or Property does not pass free from creditors Relation of person(s) receiving the property -
The order must describe the property, identify it as protected homestead, identify the persons entitled to it, and define each recipient’s interest.
Court's wording
Order ________________________________________________ Describe the real property (legal description) ________________________________________________ The property is protected homestead of the decedent ________________________________________________ Identifies the person(s) entitled to the homestead ________________________________________________ Defines the interest of each person(s) receiving homestead ________________________________________________
If the relative was deceased at the time of the decedent’s death, please provide the deceased relative’s name, indicate deceased, and date of death.
For purposes of this document, you must list ALL RELATIVES of the decedent, including yourself, if applicable.
1. Spouse of the Decedent. (Provide name, age, and address; or if deceased, provide name, indicate deceased, and date of death).
You must provide their name, age, and address, and if deceased, and date of death.
You must also provide the name of each child’s legal parents.
2. Children of the Decedent. Please list the name of each child born or legally adopted by the deceased.
For qualifying grandchildren, provide the required identifying information and, if deceased, the date of death.
Court's wording
3. Children of the Deceased Children. If a child of the deceased has passed away, please provide the name, age, and address. (Or if deceased, provide name, indicate deceased, and date of death). This only applies to Decedent’s grandchildren who are heirs of any of Decedent’s children who predeceased Decedent.
4. Parents of the Decedent. (Provide name, age, and address; or if deceased, provide name, indicate deceased, and date of death).
5. Siblings of the Decedent. (Provide name, age, and address; or if deceased, provide name, indicate deceased, and date of death).
The petition must provide the listed information about the proposed personal representative, including qualifications, appointment priority, and specified disclosures if the representative is an individual.
Court's wording
Required Information Regarding Personal Representative - Effective 11/4/2021 (this should be in the petition) Contain the name and address of P.R. and state that they are qualified to serve under FL law State priority of person/business seeking to be P.R. Whether there is any other person of equal or higher preference to appointment If yes, the name(s) of that person(s) and a statement regarding whether that person will be served with formal notice (Rule 5.200(k)). Name(s): ____________________________________________________________________ ____________________________________________________________________ Statement if the Personal Representative is a: Individual or Business *if the P.R. is an individual: State whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section F.S. 825.101 State whether they have been convicted of a felony State whether the person is 18 years of age or older State whether the person is mentally and physically able to perform duties State if the person is a resident of Florida and, if not, provide the relationship to the decedent.
The personal representative’s oath must state the listed qualifications, disclosures, undertakings, addresses, and resident-agent information.
Court's wording
Required Information Regarding Oath of Personal Representative: Rule 5.320 - Effective 1/1/2020 Is qualified to serve within provisions of sections 733.302, 733.303, and 733.304 State that the person has reviewed the statutes and understand the qualification of being the PR State whether they have been convicted of a felony State whether the person is 18 years of age or older State whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section F.S. 825.101 State whether the person is mentally and physically able to perform duties State if the person is a resident of Florida and, if not, provide the relationship to the decedent. Will faithfully administer the estate Provide the PR’s place of residence and mailing address (if different) State that they will promptly file and serve notice on all interested persons any time I know that I would not be qualified to serve as PR with the reason and date the event occurred. State that if the PR changes their address, they will serve notice on all interested persons within 20 days Designate a resident agent w/signed acceptance by agent.
Petition is a verified (sworn to) and signed by petitioner Statement showing venue State approximate value & nature of assets State whether domiciliary or principal proceedings are pending elsewhere
Last Will and Testament: Rule 5.200 Rules 5.510 & 5.025 Identify the Will & Codicils presented for Probate State petitioner is unaware of any other Wills or Codicils Petition restates the terms of the Will or have a correct copy attached Testimony of disinterested witness reduced to writing & filed*
*One witness when carbon or photocopy showing testator’s original signature. Two witnesses are required when a retyped or conformed copy of Will is attached.
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.
A statement showing venue.
Additional info required to be provided in PETITION
State all creditor claims are barred OR that after diligent search and inquiry there are no known or easily ascertainable creditors and one of the following: A. The estate is not indebted B. Give name and address of each creditor, nature and amount of debt
If the petitioner is aware of an unrevoked Will or Codicil, a statement why it is not being admitted to probate. N/A if Will is submitted is being offered for probate.
State that after exercise of reasonable diligence and search there are no unrevoked Will or Codicil in which to probate.
Identify the Will being offered for Probate and also state the petitioner is unaware of any other Wills? [If there are other known Wills, the petition shall state why it is not being probated.]
Signed by petitioner under penalty of perjury
If full payment to the creditor is not provided in the Order of Summary the petition must: If no claims filed at the time of this review or are barred mark below as N/A. xxxxx xxxxx A. Show the name of who will pay the debt(s) B. Provide Creditors consent to substitution of assumption of the debt C. The terms of payment and limitation of liability on the person paying the debt
All notices of hearings must identify the platform, including all information, for the hearing that will take place. (Zoom, hearing room, and/or courtroom)
When a hearing is cancelled, file a Notice of Cancellation and immediately notify the judicial assistant.
Court's wording
If a hearing is cancelled, a Notice of Cancellation must be filed, and the judicial assistant must be immediately notified of the cancellation so the time may be made available for litigants in other cases.
Emergency hearings must be requested in writing, setting forth in the introductory or first paragraph the reasons why the matter is considered an "emergency."
Make sure to utilize the Volusia County case number format. (example: 2024 11111 PRDL)
Include
- •Case number
The subject line of the email must state "Proposed Order," and include the case style and case number.
The motion must set forth the reasons for withdrawal and the client's last known address.
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. The subject line must include the case number and date of hearing.
the proposed order must be presented to opposing counsel prior to submission to the Court.
The notice to creditors must identify the estate and relevant representatives and direct creditors to file claims with the court within the time provided by law.
Court's wording
(1) The notice to creditors must contain the name of the decedent, the file number of the estate, the designation and address of the court, the name and address of the personal representative and of the personal representative’s attorney, and the date of first publication of the notice to creditors. The notice requires all creditors to file all claims against the estate with the court, within the time provided by law.
State whether the person is 18 years of age or older
Filing & Service rules
Electronic Filing Rules
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.
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.
Civil cases
Page 2 | Submission of Proposed Orders
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.
Civil cases
Page 3 | 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.
Civil cases
Page 46 | Committee Notes
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.
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.
Page 2 | Submission of Proposed Orders
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.
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.
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.
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
Page 1 | Last Will & Testament – Lost or Destroyed Will
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)
Page 1 | Ancillary Administration: FL Probate Rule 5.470
Filing Timing and Cure Windows
The checklist states that the Notice of Administration must be filed or waived and proof of service filed within 30 days after the PR is appointed.
Rule 5.240 - *30 days after PR is appointed Notice of Administration. is filed or waived Proof of service of Notice of Administration is filed
Civil cases
Page 1 | Rule 5.240
Rule 5.241 - *30 days after PR is appointed Notice to Creditors showing publication date Proof of publication is filed (45 days after 1st pub)
Rule 5.241 - *30 days after PR is appointed Notice to Creditors showing publication date Proof of publication is filed (45 days after 1st pub)
Civil cases
Page 1 | Rule 5.241
Proof of publication must be filed 45 days after the first publication.
Proof of publication is filed (45 days after 1st pub)
Civil cases
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
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.
Civil cases
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.
Civil cases
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
Civil cases
Page 1 | Petition To Determine Homestead
Pleadings declared adversary that lack the required adversary case style shall be returned by the clerk un-filed.
NOW THEREFORE, I, J. DAVID WALSH, Chief Judge of the Seventh Judicial Circuit of Florida, hereby find that pleadings declared to be adversary by Rule 5.025, Florida Probate Rules, that do not contain the adversary case style described in Fla. Prob. R. 5.025(d) are not authorized by law and shall be returned by the clerk of court to the pleader, or the pleader’s attorney, un-filed.
Civil cases
Page 1 | Re: Adversary Case Style on Probate Pleadings
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.
Civil cases
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.
Civil cases
Page 81 | Rule 5.205(a)(1)
In an ancillary proceeding, 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: (2) Ancillary proceedings: not later than 3 months following the date of first publication of notice to creditors.
Civil cases
Page 81 | Rule 5.205(a)(2)
In a summary administration, the personal representative or petitioner must file an official death record before entry of the order of summary administration.
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: (3) Summary administration: at any time prior to entry of the order of summary administration.
Civil cases
Page 82 | Rule 5.205(a)(3)
For probate of a will without administration, the personal representative or petitioner must file an official death record before entry of the order admitting the will to probate.
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: (7) Probate of will without administration: at any time prior to entry of the order admitting will to probate.
Civil cases
Page 82 | Rule 5.205(a)(7)
For disposition without administration, the personal representative or petitioner must file an official death record when filing the application.
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: (4) Disposition without administration: at the time of filing the application for disposition without administration.
Civil cases
Page 82 | Rule 5.205(a)(4)
In a proceeding to determine protected homestead status, the personal representative or petitioner must file an official death record before entry of the final judgment.
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: (6) Determination of protected homestead: at any time prior to entry of the final judgment determining protected homestead status of real property.
Civil cases
Page 82 | Rule 5.205(a)(6)
In a proceeding to determine beneficiaries, the personal representative or petitioner must file an official death record before entry of the final judgment.
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: (5) Determination of beneficiaries: at any time prior to entry of the final judgment determining beneficiaries.
Civil cases
Page 82 | Rule 5.205(a)(5)
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.
Civil cases
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.
Civil cases
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.
Civil cases
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:
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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
Civil cases
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.
Civil cases
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
Civil cases
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
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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
Civil cases
Page 173 | Rule 5.386(a) Escheat Proceeding
If the return’s due date is later extended, a similar notice must be filed and served.
Whenever the due date is subsequently extended, similar notice shall be filed and served.
Civil cases
Page 174 | Rule 5.395 Notice of Federal Estate Tax Return
The personal representative must file the notice within 12 months after letters are issued.
The notice shall be filed within 12 months from the date letters are issued
Civil cases
Page 174 | Rule 5.395 Notice of Federal Estate Tax Return
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;
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
Page 233 | Objections
An individual’s application for appointment must be filed a reasonable time before the guardianship appointment hearing.
The application for appointment shall be filed and served a reasonable time before the hearing on the appointment of a guardian.
Civil cases
Page 248 | RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
Page 278
A notice of hearing on an objection must be served within 90 days after the objection is filed, or the objection is abandoned.
(d) Notice. A notice shall be served stating that: (3) within 90 days after filing of the objection, a notice of hearing thereon shall be served or the objection is abandoned.
Civil cases
Page 286 | RULE 5.650(d) Notice
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.
Civil cases
Page 286 | RULE 5.650(g) Disposition of Objections
A removed guardian must file a guardianship accounting within 20 days after removal; the accounting-related requirements apply to guardian advocates only to the extent they were granted authority over the person’s property.
A removed guardian must file with the court an accounting for the guardianship within 20 days after the guardian’s removal. ... Subdivisions (b) through (d) of this rule must apply to guardian advocates only to the extent that the guardian advocate was granted authority over the property of the person with a developmental disability.
Civil cases
Page 289 | RULE 5.660. PROCEEDINGS FOR REMOVAL OF GUARDIAN (b) Accounting; (e) Guardian Advocates
Service and Proof of Service Rules
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.
Civil cases
Page 1 | Notice
The inventory must be served on all residual heirs.
Served on all residual heirs – Yes / No: see back page
Civil cases
Page 1 | Discharge of Personal Representative
Served (formal) or Waived on all beneficiaries: Yes / No -
Served (formal) or Waived on all beneficiaries: Yes / No -
Civil cases
Page 1 | Discharge of Personal Representative
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.
Civil cases
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.
Civil cases
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.
Civil cases
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
Civil cases
Page 1 | Notice
Proof of service of formal notice must be filed.
Proof of Service of formal notice filed
Civil cases
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
Civil cases
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
Civil cases
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.
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.
Civil cases
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.
Civil cases
Page 3
Notice of a counsel’s withdrawal motion must be provided to all parties and their clients.
Notice must be provided to all parties and their clients.
Civil cases
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.
Civil cases
Page 3
The form calls for formal notice and a filed proof of service for all persons entitled to notice.
Formal notice is required and Proof of Service for all entitled has been filed
Civil cases
Page 1 | Notice
Formal notice of the petition must be given to any beneficiary or known or reasonably ascertainable creditor who does not join or consent, but service is not required on a beneficiary receiving full distribution under the proposed schedule.
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.
Civil cases
Page 1 | Notice
If the personal representative changes address, notice must be served on all interested persons within 20 days.
If the PR changes address he/she will serve notice on all interested persons within 20 days
Page 1 | Oath Of PR.
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.
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?
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?
Page 1 | Notice & Reports
Formal notice must be filed for heirs who would inherit if there were no will.
Is formal notice to heirs who stand to inherit if it weren’t for the Will filed?
Civil cases
Page 1 | Information Required to Establish Lost or Destroyed Will – Probate Rule 5.510
Proof of service of the notice to heirs and beneficiaries must be filed.
Is proof of service of the notice to heirs & beneficiaries filed?
Civil cases
Page 1 | Information Required to Establish Lost or Destroyed Will – Probate Rule 5.510
If not all claimants were paid in the previous administration, all unpaid claimants must receive notice of the subsequent filing.
If no, the court will require notice of this subsequent filing on all unpaid claimants.
Page 1 | Reopen fee and notice to creditors
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.
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.
Civil cases
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.
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
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.
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)
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
Page 23 | (b) Declared Adversary Proceedings
The petitioner must serve formal notice in adversary proceedings, except in proceedings under section 825.1035, Florida Statutes.
(1) Petitioner must serve formal notice, except as provided in proceedings under section 825.1035, Florida Statutes.
Civil cases
Page 23 | (d) Notice and Procedure in Adversary Proceedings
If an already-commenced proceeding is designated adversary, interested persons must serve any written defenses within 20 days after the order, and the petition need not be re-served unless the court orders otherwise.
(4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary, it must thereafter be conducted as an adversary proceeding. The order must require interested persons to serve written defenses, if any, within 20 days from the date of the order. It is not necessary to re- serve the petition except as ordered by the court.
Civil cases
Page 24 | (d) Notice and Procedure in 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.
Civil cases
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.
Civil cases
Page 29
After formal notice, informal notice of any hearing must be served on interested persons; absent a written defense within 20 days, the pleading or motion may be considered ex parte as to that person unless the court orders otherwise.
After service of formal notice, informal notice of any hearing on the pleading or motion must be served on interested persons, provided that if no written defense is served within 20 days after service of formal notice on an interested person, the pleading or motion may be considered ex parte as to that person, unless the court orders otherwise.
Civil cases
Page 31 | RULE 5.040. NOTICE (a)(2)
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.
Civil cases
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.
Civil cases
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;
Civil cases
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.
Civil cases
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.
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;
Civil cases
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;
Civil cases
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
Civil cases
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;
Civil cases
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.
Civil cases
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.
Civil cases
Page 33 | (a)(5) Completion of Service
Proof of service for a document served in the manner provided for formal notice must follow subdivision (a)(6).
Proof of service must be in the manner set forth in subdivision (a)(6).
Civil cases
Page 34 | (e) In the Manner Provided for Service of Formal Notice
Formal notice under subdivision (a)(3)(D) is complete upon mailing.
Service of formal notice pursuant to subdivision (a)(3)(D) will be complete upon mailing.
Civil cases
Page 34 | (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.
Civil cases
Page 34 | (a)(6) Proof of Service
Filing Fees and Waivers
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.
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
Civil cases
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)
Civil cases
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.
Civil cases
Page 404
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).
Civil cases
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.
Civil cases
Page 411 | Florida Probate Rules
Courtesy Copy Requirements
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.
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.
Civil cases
Page 2 | Hearings
Sealing & Redaction Procedures
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.
Civil cases
Page 396 | Rule 5.920(a) Petition for Injunction
Filing Bundling Requirements
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.
Civil cases
Page 304 | Committee Notes to Rule 5.690
Adjournment & Extension Requirements
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.
Civil cases
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).
Civil cases
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.
Civil cases
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.
Civil cases
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;
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
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.
Civil cases
Page 336 | RULE 5.725. EMERGENCY COURT MONITOR
Chambers Communication Rules
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.
Civil cases
Page 1 | Hearings
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.
Civil cases
Page 3 | Submission of Proposed Orders
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.
Civil cases
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.
Civil cases
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.
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.
Page 2 | Hearings
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
Page 3 | Proposed orders following an Evidentiary hearing
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.
Civil cases
Page 375 | APPENDIX A
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.
Page 2 | Hearings