Florida Probate Lawyers and the Rule of a Limited Appearance

What is a “Notice of Limited Appearance”? When do West Palm Beach probate lawyers file these notices? What do they mean? What should trust and estates attorneys know about rule 5.030 (b)? What does it mean if a Florida attorney has a limited appearance in a guardianship case? When are notices of limited appearance filed in probate or trust litigation?

If you are involved in the administration of a Florida probate, or West Palm Beach probate litigation, you may have seen lawyers file limited appearances. In Florida probate, under the Florida Probate rules, a lawyer can have a very limited or specific role but they have to tell everyone about their limited role by filing a notice of limited appearance. According to rule 5.030, the “Notice of Limited Appearance” should be filed at the same time the attorney first appears in the case. To learn more about notices of limited appearances in Florida trust and estates matters, read below.

Florida Probate Rule 5.030(B): “Limited Appearance without Court Order. An attorney of record for an interested person in a proceeding governed by these rules shall be the attorney of record in all other proceedings in the administration of the same estate or guardianship, except service of process in an independent action on a claim, unless at the time of the appearance the attorney files a notice specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears. At the conclusion of that proceeding or matter, the attorneys role terminates upon the attorney filing notice of completion of limited appearance and serving a copy on the client and other interested persons.”