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Florida Probate Rules Committee Three-Year Cycle Report

Regular News

Florida Probate Rules Committee Three-Year Cycle Report

The Florida Probate Rules Committee invites comments on the proposed rule amendments anticipated to be included in the Committee’s three-year cycle report. The full text of the proposals can be found on The Florida Bar’s website at

www.FloridaBar.org

. Interested persons have until August 1, 2015, to submit any comments, electronically, to Matthew Triggs, Incoming Chair of the Florida Probate Rules Committee, at

[email protected]

, and to the Bar staff liaison, Heather Telfer, at

[email protected]

.

Rule /Form

Vote

Explanation

Rule 5.040.

34-0

Creates subdivision (e) to specify when service in the manner provided for service of formal notice is competed. Updates committee notes.

Rule 5.041.

27-0

Amends the committee notes to substitute “documents” for “papers” to conform to Florida Rule of Judicial Administration 2.516.

Rule 5.042.

34-0

Amends subdivision (d) to clarify that Florida Rule of Judicial Administration 2.425(b) does not apply if a document is served by formal notice or in the manner provided for service of formal notice. Updates committee notes.

Rule 5.080.

30-0

Adds a reference to Florida Rule of Civil Procedure 1.451 (Taking Testimony). Updates rule title and committee notes.

Rule 5.345.

24-0

Substitutes “documents” for “papers” in subdivision (f) to conform to Florida Rule of Judicial Administration 2.516. Updates committee notes.

Rule 5.346.

30-0

Amends subdivision (a) to clarify that Rule 5.346 does not apply to accountings in guardianship cases. Updates committee notes.

Rule 5.550.

35-0

Amends subdivision (a) to create new subdivision (a)(8) which requires the disclosure of possible alternatives to guardianship, within the petition to determine incapacity, such as trust agreements, powers of attorney, or advance directives. Updates committee notes.

Rule 5.560.

35-0

Amends subdivision (a)(9) to require the disclosure of possible alternatives to guardianship, within the petition to determine incapacity, such as trust agreements, powers of attorney, or advance directives. Updates committee notes.

Rule 5.620.

24-0

Substitutes “documents” for “papers” in subdivision (c) to conform to Florida Rule of Judicial Administration 2.516. Updates committee notes.

Rule 5.690.

27-0

Amends the Committee Notes to substitute “documents” for “papers” to conform to Florida Rule of Judicial Administration 2.516.

Rule 5.696.

30-0

Renames the rule “Guardian Accounting.” Replaces the existing contents of subdivision (a) with an applicability provision. Subdivisions (b) and (c) are renumbered as subdivisions (f) and (g) respectively. New subdivision (b) delineates the required contents of a guardian accounting. New subdivision (c) details the accounting standards to be used in guardian accountings. New subdivision (d) refers the reader to the proposed model format for guardian accounting in new Appendix A. New subdivision (e) incorporates a verification requirement. In former subdivision (b) and (c), now (f) and (g), “annual” is replaced with “guardian” for consistency. New Appendix A is modeled after Appendix A in Rule 5.346. The forms consist of a summary sheet and schedules A–D. Creates committee note.

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