Florida Inheritance Lawsuits: What is “Formal Notice”?

What is “formal notice” in probate litigation? What should Florida trust and estate lawyers know about formal notice requirements? When is formal notice required during a West Palm Beach probate proceeding? Who is entitled to formal notice in a probate proceeding? Is formal notice to all beneficiaries required for a petition for summary administration? A November 15, 2017, Fourth DCA opinion discusses “formal notice” and a petition for summary administration. The resolution in this particular Florida appeal revolved around the definition of “formal notice.” According to the Florida Statute 731.201(18), formal notice is ” a form of notice that is described in and served by a method of service provided under rule 5.040(a) of the Florida Probate Rules.”   Florida Probate Rule 5.040(a)(3) provides that formal notice is achieved through service of process or “by sending a copy by any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt.” How does a Florida probate court know whether formal notice was properly given? Florida Probate Rule 5.040(a)(4) states that ” proof of service shall be by verified statement of the person giving the notice; and there shall be attached to the verified statement the signed receipt or other evidence satisfactory to the court that delivery was made to the addressee or the addressee’s agent.

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