Florida Probate Rules.

AuthorKypreos, Theodore
PositionAnnual Reports of Committees of the Florida Bar: 2018-2019

The Florida Probate Rules Committee had a productive 2018-2019 year. During the past Bar year, the committee filed an out-of-cycle report as well as its regular-cycle report, continued working on updates to conform its rules to changes in the Florida Probate Code and Florida guardianship law, worked with other rules committees regarding proposals affecting various areas of practice, and worked on findings and proposals regarding forms and rule amendments recommended by the Guardianship Workgroup established under the Florida Supreme Court's Judicial Management Council.

The committee filed an out-of-cycle report on August 30, 2018, that proposed rule amendments that the committee passed this past Bar year to address the statutory adoption on July 1, 2018, of F.S. [section]825.1035, which created a cause of action for an injunction for the protection against the exploitation of a vulnerable adult. The committee proposed amendments to Rule 5.025 regarding adversary proceedings, to add proceedings for an injunction under F.S. [section]825.1035 to the list of adversary proceedings and to exclude such proceedings from the formal notice requirements for adversary proceedings. The Supreme Court adopted these amendments on September 27, 2018. No comments were filed and the Supreme Court's adoption of these amendments became final on December 10, 2018.

The committee filed its regular-cycle report on February 1, which includes the following rule amendments passed by the committee this past Bar year: 1) revisions to Rule 5.200 regarding the petition for administration to require a statement identifying any other person who has equal or higher preference than the petitioner for the appointment as personal representative and a statement of specific facts that show the petitioner's qualification to serve as personal representative; and 2) revision to Rule 5.499 regarding the Form and Manner of Objecting to Personal Representative's Proof of Claim to eliminate the 10-day deadline for service on a claimant of an objection to an item listed on a proof of claim as to be paid.

The committee is currently working on several projects, including the creation of forms for proceedings under F.S. [section]825.1035 for injunctions to protect against the exploitation of vulnerable adults and findings and proposals requested by the Florida Supreme Court regarding the forms and rule amendments recommended by the Guardianship Workgroup established under the court's...

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