|
In Re: Amendments to Florida Probate Rules - 2024 Legislation
|
SC2024-1057
|
2024-07-17
|
Open
|
|
| Classification |
Original Proceedings - Rules - Amendment to Rules - Probate
|
| Court |
Supreme Court of Florida
|
Parties
| Name |
Amendments to the Florida Probate Rules
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Erin Farrington Finlen, Zackary T. Zuroweste, Joshua E. Doyle, Heather Savage Telfer
|
|
| Name |
Rule 5.240
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Notice of Administration
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.241
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Notice to Creditors
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.550
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Petition to Determine Incapacity
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.649
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE GUARDIAN ADVOCATE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.681
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Restoration of Rights of Person with Developmental Disability
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.905
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form for Petition; Notice; and Order for Appointment of Guardian Advocate of the Person
|
| Role |
Petitioner
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
Publish Full
|
|
| Docket Date |
2024-09-16
|
| Type |
Notice
|
| Subtype |
Related Case(s)
|
| Description |
Notice of Related Cases
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Disposition
|
| Subtype |
Amended/Adopted
|
| Description |
FSC-OPINION: Accordingly, the Florida Probate Rules are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately. Because the amendments were not published for comment prior to their adoption, interested persons shall have 75 days from the date of this opinion in which to file comments with the Court. It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2024-07-17
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Rules
|
| Description |
Acknowledgment Letter-New Case-Rules
|
| View |
View File
|
|
| Docket Date |
2024-07-17
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
Fast-Track Report of the Florida Probate Rules Committee
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
| Docket Date |
2024-12-11
|
| Type |
Response
|
| Subtype |
Comments
|
| Description |
Comment of the Florida Probate Rules Committee
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
| Docket Date |
2024-12-11
|
| Type |
Motion (SC)
|
| Subtype |
Acceptance as Timely Filed
|
| Description |
Florida Probate Rules Committee's Motion to Accept as Timely Filed
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
| Docket Date |
2024-09-11
|
| Type |
Letter-Case
|
| Subtype |
Bar News Publication Request
|
| Description |
All comments must be filed with the Court on or before November 19, 2024, with a certificate of service verifying that a copy has been served on Committee Co-Chairs, Erin Farrington Finlen, 3365 Galt Ocean Drive, Fort Lauderdale, Florida 33308, erin@estatelaw.com, and Zackary T. Zuroweste, 2555 Enterprise Road, Suite 15, Clearwater, Florida 33763, zz@persantelaw.com, and on the Bar Staff Liaison to the Committee, Heather Telfer, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, rules@floridabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case
|
| View |
View File
|
|
|
|
In Re: Amendments to Florida Probate Rules - 2023 Legislation
|
SC2023-1477
|
2023-10-25
|
Closed
|
|
| Classification |
Original Proceedings - Rules - Amendment to Rules - Probate
|
| Court |
Supreme Court of Florida
|
Parties
| Name |
Amendments to the Florida Probate Rules
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Joshua E. Doyle, Heather Savage Telfer
|
|
| Name |
Rule 5.630
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Petition for Approval of Acts
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.631
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Petition for Approval By Professional Guardian for Order Not To Resuscitate or To Withhold Life-Prolonging Procedures
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.649
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE GUARDIAN ADVOCATE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form 5.904
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Forms for Initial and Annual Guardianship Plans
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.905
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form for Petition; Notice; and Order for Appointment of Guardian Advocate of the Person
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.906
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Letters of Guardian Advocacy
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.920
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Forms Related to Injunction for Protection Against Exploitation of a Vulnerable Adult
|
| Role |
Petitioner
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-18
|
| Type |
Order
|
| Subtype |
Case Final
|
| Description |
No comments having been filed on the Florida Probate Rules adopted in this Court's opinion dated December 14, 2023, this case is hereby final.
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
Publish Full
|
| View |
View File
|
|
| Docket Date |
2023-12-14
|
| Type |
Disposition
|
| Subtype |
Amended/Adopted
|
| Description |
FSC-OPINION: Accordingly, the Florida Probate Rules are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall take effect immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons have 75 days from the date of this opinion in which to file comments with the Court. It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2023-10-25
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Rules
|
| Description |
Acknowledgment Letter-New Case-Rules
|
| View |
View File
|
|
| Docket Date |
2024-01-18
|
| Type |
Letter-Case
|
| Subtype |
Bar News Publication Request
|
| Description |
All comments must be filed with the Court on or before February 27, 2024, with a certificate of service verifying that a copy has been served on the Committee Chair, Alexandra V. Rieman, GAPS Legal, PLLC, 1580 Sawgrass Corporate Parkway, Suite 130, Fort Lauderdale, Florida 33323-2860, alex@gapsattorneys.com, and on the Bar Staff Liaison to the Committee, Heather Savage Telfer, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, rules@floridabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case.
|
| View |
View File
|
|
| Docket Date |
2023-10-25
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
Fast Track Report of the Florida Probate Rules Committee
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
|
|
IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES - GUARDIANSHIP
|
SC2019-1370
|
2019-08-13
|
Closed
|
|
| Classification |
Original Proceedings - Rules - Amendment to Rules - Probate
|
| Court |
Supreme Court of Florida
|
Parties
| Name |
Rule 5.902
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form 5.904
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE INVENTORY LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.905
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form for Petition, Notice, and Order for Appointment of Guardianship Advocate of the Person
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Letters of Guardianship
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE GUARDIAN ADVOCATE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Letters of Guardian Advocacy
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form for Petition and Order of Guardian
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.910
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Petition to Determine Incapacity
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Out-of-Cycle Amendment
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Petition for Appointment of Guardian of an Incapacitated Person
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.550
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Amendments to the Florida Probate Rules
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Heather Savage Telfer, Mr. Robert Lee McElroy IV, Krys Godwin, Mr. Joshua E. Doyle, Mr. Jeffrey Scott Goethe
|
|
| Name |
Rule 5.560
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Expedited Judicial Intervention Concerning Medical Treatment Procedures
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.903
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form for Petition to Determine Incapacity
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.649
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.906
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.850
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Forms for Initial and Annual Guardianship Plans
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.900
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.901
|
| Role |
Petitioner
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-09-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2020-09-03
|
| Type |
Disposition
|
| Subtype |
Amended/Adopted
|
| Description |
DISP-AMENDED/ADOPTED ~ FSC-OPINION: Accordingly, the Florida Probate Rules are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall take effect immediately upon the release of this opinion.It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2020-02-27
|
| Type |
Petition
|
| Subtype |
Amendment/Supplement
|
| Description |
PETITION-AMENDMENT/SUPPLEMENT ~ FLORIDA PROBATE RULES COMMITTEE'SSUPPLEMENTAL REPORT
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
| Docket Date |
2020-01-28
|
| Type |
Order
|
| Subtype |
Petition Amendment/Supplement
|
| Description |
ORDER-PETITION AMENDMENT/SUPPLEMENT ~ The Chair of the Florida Probate Rules Committee is hereby directed to file a supplemental report addressing proposed new rules 5.901 (Form for Petition to Determine Incapacity), 5.902 (Form for Petition and Order of Guardian), 5.904 (Forms for Initial and Annual Guardianship Plans), 5.905 (Form for Petition, Notice, and Order for Appointment of Guardian Advocate of the Person), and 5.910 (Inventory). The supplemental report should specifically explain whether the proposed new forms should contain a note that a certificate of service should be included when required by Florida Rule of Judicial Administration 2.516(b)(2). The Chair is allowed to and including February 27, 2020, in which to file the supplemental report. If the Committee needs more time to address the issue, the Chair may file a motion for extension of time with this office.
|
|
| Docket Date |
2019-12-03
|
| Type |
Order
|
| Subtype |
No Req Sched (Misc)
|
| Description |
ORDER-NO REQ SCHED (MISC) ~ The above case has been submitted to the Court without oral argument.
|
|
| Docket Date |
2019-09-11
|
| Type |
Letter-Case
|
| Subtype |
Bar News Publication Request
|
| Description |
LETTER-BAR NEWS PUBLICATION REQUEST ~ For publication in the October 1, 2019, Bar News with comments due November 1, 2019.
|
| View |
View File
|
|
| Docket Date |
2019-08-15
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required
|
|
| Docket Date |
2019-08-15
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Rules
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-RULES
|
|
| Docket Date |
2019-08-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Publication Summary
|
| Description |
PUBLICATION SUMMARY
|
| View |
View File
|
|
| Docket Date |
2019-08-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:No Fee Required
|
|
| Docket Date |
2019-08-13
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
PETITION-AMENDMENT TO RULES (PROBATE) ~ with Appendices A-E
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
|
|
IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES - 2019 REGULAR-CYCLE REPORT
|
SC2019-0164
|
2019-02-01
|
Closed
|
|
| Classification |
Original Proceedings - Rules - Amendment to Rules - Probate
|
| Court |
Supreme Court of Florida
|
Parties
| Name |
Notice of Administration
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE GUARDIAN ADVOCATE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.241
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Settlement of Minors' Claims
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Oath of Personal Representative
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Notice to Creditors
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.360
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.240
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.470
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.499
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.020
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.040
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Petition for Administration
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.200
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form and Manner of Objecting to Pers. Rep.'s Proof of Claim
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
3 Year Cycle Amendment
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.407
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Burden of Proof in Will Contests
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.320
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.636
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Proceedings to Determine Family Allowance
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.490
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Expedited Judicial Intervention Concerning Medical Treatment Procedures
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.695
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Ancillary Administration
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Restoration of Rights of Person with Developmental Disability
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
RULE 5.681
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Pleadings; Verification; Motions
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.649
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Form and Manner of Objecting to Claim
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Elective Share
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Rule 5.900
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Notice
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Amendments to the Florida Probate Rules
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Cristina Papanikos, Heather Savage Telfer, Theodore Stanley Kypreos, Mr. Joshua E. Doyle, Mr. Jeffrey Scott Goethe
|
|
| Name |
Rule 5.275
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Annual Guardianship Report
|
| Role |
Petitioner
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-01-10
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2019-12-19
|
| Type |
Disposition
|
| Subtype |
Amended/Adopted
|
| Description |
DISP-AMENDED/ADOPTED ~ FSC-OPINION: Accordingly, we amend the Florida Probate Rules as reflected in the appendix to this opinion. New language is indicated by underlining, and deletions are indicated by struck-through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective January 1, 2020, at 12:01 a.m. It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2019-12-02
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
MOTION-REHEARING ~ Motion for Rehearing by the Florida Probate Rules Committee
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
| Docket Date |
2019-11-14
|
| Type |
Disposition
|
| Subtype |
Amended/Adopted
|
| Description |
DISP-AMENDED/ADOPTED ~ FSC-OPINION: Accordingly, we amend the Florida Probate Rules as reflected in the appendix to this opinion. New language is indicated by underscoring, and deletions are indicated by struck-through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective January 1, 2020, at 12:01 a.m. It is so ordered.***Withdrawn; revised opinion issued on December 19, 2019.***
|
|
| Docket Date |
2019-04-09
|
| Type |
Order
|
| Subtype |
No Req Sched (Misc)
|
| Description |
ORDER-NO REQ SCHED (MISC) ~ The above case has been submitted to the Court without oral argument.
|
|
| Docket Date |
2019-02-05
|
| Type |
Letter-Case
|
| Subtype |
Bar News Publication Request
|
| Description |
LETTER-BAR NEWS PUBLICATION REQUEST ~ For publication in the March 1, 2019, Bar News with comments due April 1, 2019
|
| View |
View File
|
|
| Docket Date |
2019-02-01
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required
|
|
| Docket Date |
2019-02-01
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Rules
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-RULES
|
|
| Docket Date |
2019-02-01
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
PETITION-AMENDMENT TO RULES (PROBATE) ~ w/ Appendices A-F
|
| On Behalf Of |
Amendments to the Florida Probate Rules
|
| View |
View File
|
|
| Docket Date |
2019-02-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:No Fee Required
|
|
|
