Orlando Probate Litigation: Formal Notice

What is formal notice? When is formal notice required in Orlando probate litigation? What should Orlando probate and trust lawyers know about formal notice? What are the requirements of serving formal notice on someone? Is formal notice required under the Florida Probate Rules to seek personal liability against a Florida trustee? 

In Orlando probates, formal notice is a particular way to serve a court document on another. When is formal notice required? A recent Florida appellate opinion discusses formal notice in regards to a petition for summary administration. In Wolf v. Doll, the trial court concluded that, because Wolf knew about a petition for summary administration and did not raise claims then, she could not raise the claims in later litigation. Did the Fourth DCA agree? The controlling Florida Statute required that “formal notice” be given to all beneficiaries of the petition for summary administration. In this case, there is no proof that Wolf received formal notice. Wolf was “aware of the probate proceeding” but that is not enough! If Wolf was given formal notice, which the record does not clearly indicate, she would not be entitled to raise her claims in the collateral litigation. However, if she was not given proper notice, her collateral claims are not barred. To read the case in its entirety, click here.