In re Amendments to the Florida Probate Rules

139 So. 3d 875
CourtSupreme Court of Florida
DecidedMay 22, 2014
DocketNo. SC13-888
StatusPublished

This text of 139 So. 3d 875 (In re Amendments to the Florida Probate Rules) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendments to the Florida Probate Rules, 139 So. 3d 875 (Fla. 2014).

Opinion

PER CURIAM.

Before the Court are proposed amendments to the Florida Probate Rules. See Fla. R. Jud. Admin. 2.140(f). The proposals were approved by the Board of Governors of The Florida Bar and are intended to conform the Florida Probate Rules to Florida Rule of Judicial Administration 2.425 (Minimization of the Filing of Sensitive Information). After considering the comment concerning the proposals filed with the Court, and the response of the Probate Rules Committee (Committee), we adopt the amendments as proposed by the Committee.1

In In re Implementation of Committee on Privacy & Court Records Recommendations, 78 So.3d 1045 (Fla.2011), the Court adopted new Florida Rule of Judicial Administration 2.425, along with various amendments to other rules, in order to minimize the amount of unnecessary sensitive personal information included in documents filed with the courts. The proposals we adopt here are in response to the Court’s request in that opinion that the various rules committees review their bodies of rules and forms and propose any amendments needed to ensure consistency with the minimization amendments. Id. at 1055 n. 31.

As proposed by the Committee, we amend rules 5.120 (Administrator Ad Li-tem and Guardian Ad Litem); 5.200 (Petition for Administration); 5.210 (Probate of Wills Without Administration); 5.385 (Determination of Beneficiaries and Shares); 5.405 (Proceedings to Determine Protected Homestead Real Property); 5.406 (Proceedings To Determine Exempt Property); 5.407 (Proceedings to Determine Family Allowance); 5.530 (Summary Administration); 5.550 (Petition to Determine Incapacity); 5.555 (Guardianships of Minors); 5.560 (Petition for Appointment of Guardian of an Incapacitated Person); 5.590 (Application for Appointment as Guardian; Disclosure Statement; Filing); 5.636 (Set[876]*876tlement of Minors’ Claims); and 5.646 (Standby Guardians). Consistent with the requirements of rule 2.425, the amendments are intended to minimize the amount of sensitive personal information required in documents filed with the court in probate proceedings. The amendments include, among other things, requiring a minor’s initials and year of birth instead of a minor’s name and date of birth, and adding committee notes explaining rule 2.425 exceptions for use of a minor’s name and birth date. References to rule 2.425 also are added.

Accordingly, we amend the Florida Probate Rules as reflected in the appendix to this opinion. New language is underscored, and deleted language is struck through. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective immediately upon the release of this opinion.

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.

APPENDIX

RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM

(a) [No Change]

(b) Petition. The petition for appointment of a guardian ad litem shall state to the best of petitioner’s information and belief:

(1) the nameinitial and residence address of each minor, person with a developmental disability, or incapacitated person and bir-th-dateyear of birth of each minor who has an interest in the proceedings;
(2) — (5) [No Change]

(c)-(g) [No Change]

Committee Notes

Rule History

1977 Revision — 2012 Revision: [No Change]

2014 Revision: Amends subdivision (b)(1) to conform to Fla. R. Jud. Admin. 2,425. Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. R. Jud. Admin. 2.516 Service of pleadings and documents.

Fla. R. Jud. Admin. 2,425 Minimization of the Filing of Sensitive Information.

RULE 5.200. PETITION FOR ADMINISTRATION

The petition for administration shall be verified by the petitioner and shall contain:

(a)-(b) [No Change]

(c) so far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the dateyear of birth of any beneficiaries who are minors;

(d)-(j) [No Change]

2014 Revision: Subdivision (c) amended to conform to Fla. R. Jud. Admin. 2,425. Committee notes revised.

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob.R. 5.040 Notice.

[877]*877Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.201 Notice of petition for administration.

Fla. R. Jud. Admin. 2.516 Service of pleadings and documents.

Fla. R. Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

RULE 5.210. PROBATE OF WILLS WITHOUT ADMINISTRATION

(a) Petition and Contents. A petition to admit a decedent’s will to probate without administration shall be verified by the petitioner and shall contain:

(1) — (2) [No Change]
(3) so far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationships to the decedent, and the datename and year of birth of any who are minors;
(4) — (8) [No Change]
(b)-(d) [No Change]

1975 Revision — 2011 Revision: [No Change]

2014 Revision: Subdivision (a)(3) amended to conform to Fla. R. Jud. Admin. 2,425. Committee notes revised.

Fla. Prob. R. 5.015 General definitions.

Fla. Prob. R. 5.020 Pleadings, verification; motions.

Fla. Prob. R. 5.205(a)(7) Filing evidence of death.

Fla. Prob. R. 5.215 Authenticated copy of will.

Fla. Prob. R. 5.216 Will written in foreign language.

Fla. Prob. R. 5.230 Commission to prove will.

Fla. Prob. R. 5.240 Notice of administration.

Fla. Prob. R. 5.270 Revocation of probate.

Fla. R. Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

RULE 5.385. DETERMINATION OF BENEFICIARIES AND SHARES

(a)-(c) [No Change]

1988 Revision — 2012 ' Revision: [No Change]

2014 Revision: Fla. R. Jud. Admin. 2.425(b)(6) provides an exception for the full name of any minor “in any document or order affecting minor’s ownership of real property.” Committee notes revised.

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.120 Administrator ad litem and guardian ad litem.

Fla. Prob. R. 5.205(a)(5) Filing evidence of death.

Fla. R. Jud. Admin. 2.516 Service of pleadings and documents.

Fla. R. Jud. Admin. 2,425 Minimization of the Filing of Sensitive Information.

[878]*878RULE 5.405. PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD REAL PROPERTY

(b) Contents.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
139 So. 3d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-probate-rules-fla-2014.