Florida Probate Law: Formal Notice and Petitions for Summary Administration

What is “formal notice” under the Florida Probate Rules?  When is formal notice required? What should your probate lawyer know about formal notice? Are all beneficiaries of a Florida estate entitled to be given formal notice? You may want to read a November 15,2018 Fourth DCA opinion, Wolf v. Doll. 

In Palm Beach probates, formal notice is a particular way to serve a court document on another. Specifically, The Probate Code provides that ” formal notice means a form of notice that is described and served by a method of service provided under rule 5.040(a) of the Florida Probate Rules.” Rule 5.040(a) provides for a copy of the document to be sent, together with a notice requiring the person served to serve written defenses within 20 days after service of notice, and ” notifying the person served that failure to serve written defenses as required may result in a judgment or order for the relief demanded in the pleading or motion, without further notice.” Furthermore,  formal notice  requires a return receipt and the use of some recognized commercial delivery service such as US Postal Service with return receipt or FedEx and UPS.

In Wolf v. Doll, a friend of the decedent asserted that the decedent’s neighbor tortiously interfered with the inheritance the decedent had left her. However, on appeal, the issue was that the friend was barred from raising her claims due to an earlier probate proceeding. The court concluded that the friend was ” aware” of the earlier probate proceeding and, therefore, could not bring her claims. However, the Fourth DCA disagreed with this decision because formal notice was required and there was no evidence that formal notice had been provided to the friend. To read the entire opinion, click here.