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March 1, 2013
Amendments to the probate rules

The Florida Bar’s Probate Rules Committee has submitted to the Florida Supreme Court its regular-cycle report of proposed amendments to the Florida Probate Rules. The Court invites all interested persons to comment on the proposed amendments, which are summarized below and reproduced in full online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before April 1, with a certificate of service verifying that a copy has been served on James R. George, Committee Chair, Greenberg Traurig, 401 E. Las Olas Boulevard, Suite 2000, Ft. Lauderdale 33301-4223, Georgej@gtlaw.com, and on the Bar staff liaison to the committee, Heather S. Telfer, 651 E. Jefferson Street, Tallahassee 32399-2300, htelfer@flabar.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. Further, if comments are directed toward the proposed amendment to rule 5.404 (Notice of Taking Possession of Protected Homestead), the certificate of service shall also verify that a copy has been served on the proponents of the amendment , Judge C. McFerrin Smith III, 101 N. Alabama Avenue, # 437, Deland 32724, smcferrin@circuit7.org, and Michael Pyle, 1655 N. Clyde Morris Boulevard, Suite 1, Daytona Beach 32117, mikep@pylelaw.com. If comments are directed toward the proposed amendment to rule 5.530 (Summary Administration), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Rohan Kelley, 3365 Galt Ocean Drive, Ft. Lauderdale 33308, Rohan@estatelaw.com. The chair has until April 22 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court’s administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES, CASE NO. SC13-30

RULE
              EXPLANATION
5.060 (REQUEST FOR NOTICES AND COPIES OF PLEADINGS)Amends subdivision (a) to shift the responsibility for service of requests for notices and copies of pleadings from the clerk to the person making the request. Also amends subdivision (b) to substitute “documents” for “papers.” Creates a committee note, updates rule references, and includes editorial changes in compliance with AOSC06-14.
5.110 (ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE) Amends subdivision (a) to require personal representatives or guardians who are individuals to provide a residence address. Amends subdivision (b) to limit to individuals the requirement that the guardian or personal representative provide a designation of residence address. Makes editorial changes in compliance with AOSC06-14. Creates committee note.
5.230 (COMMISSION TO PROVE WILL)Deletes subdivision (e) (Objections) because it duplicates rule
5.240(d) (Notice of Administration; Objections). Makes editorial changes in compliance with AOSC06-14. Creates committee note and updates statutory and rule references.
5.2405 (SERVICE OF NOTICE OF ADMINISTRATION ON PERSONAL REPRESENTATIVE)Creates a new rule to address situations where the personal representative is also an interested person in the estate but is claiming that he or she did not receive the notice of administration. Creates rule references.
5.395 (NOTICE OF FEDERAL ESTATE TAX RETURN)Clarifies rule to address situation in which a federal estate tax return is not required, but may be filed for another reason. Creates committee note.
5.400 (DISTRIBUTION AND DISCHARGE)Clarifies subdivision (c) to address situation where a federal estate tax return is not filed. Creates committee note.
5.404 (NOTICE OF TAKING POSSESSION OF PROTECTED HOMESTEAD)Deletes subdivision (b)(4) because it could be construed to obviate the need for a separate notice of hearing on a petition to determine homestead status. Creates committee note.
5.530 (SUMMARY ADMINISTRATION)Amends the numbering of subdivision (a)(9) to avoid the misconception that a diligent search and reasonable inquiry for creditors is required when creditor claims are barred. Makes editorial changes in compliance with AOSC06-14. Creates committee note and updates rule references.
5.649 (GUARDIAN ADVOCATE)Creates new subdivisions (a)(6) and (d)(3) to address situations where a guardian advocate will have authority over the property of a developmentally disabled person. Creates subdivision (e) to provide for the issuance of letters of guardian advocacy. Editorial changes in renumbering and in compliance with AOSC06-14. Creates committee note.
5.660 (PROCEEDINGS FOR REMOVAL OF GUARDIAN)Amends the rule to conform to section 744.511, F. S. Makes editorial changes in compliance with AOSC06-14. Creates committee note and updates rule references.
5.681 (RESTORATION OF RIGHTS OF PERSON WITH DEVELOPMENTAL DISABILITY)Amends subdivision (a) to reflect the designation of the pleading as a Suggestion of Restoration of Rights and adds requirements for a statement of evidentiary support, and the identification and address of the attorney for the person with a developmental disability. Amends subdivisions (c)-(f) concerning counsel, notice, procedures for service of objections, and clarifies requirements following a restoration of rights. Makes editorial changes in compliance with AOSC06-14. Creates committee note.
5.696 (ANNUAL ACCOUNTING)Amends subdivision (b) to substitute “documents” for “papers.” Creates committee note and updates rule references

[Revised: 12-16-2014]