SUPREME COURT AMENDS FLORIDA PROBATE RULES: DECEMBER 19, 2019

Pankauski Lazarus PLLC exclusively represents clients in matters involving Florida estate, business, wills and probate litigation. We represent beneficiaries, trustees and executors throughout Florida when disputes develop in regards to wills, trusts, administration, inheritances, investment losses, beneficiaries’ rights and many other estate, business, property & probate topics.

The attorneys at Pankauski Lazarus are serious litigators who frequently appear in courts throughout Florida. When choosing a Florida inheritance lawyer, or probate attorney, to represent you in a will contest or trust lawsuit, it is important to ask how comfortable the attorney is actually going to court. It’s also important to consider how many years of experience the lawyer has and whether or not the lawyer’s practice focuses on inheritance and trust litigation.

Any experienced attorney knows that it is imperative to stay current on changes made to Florida Statutes or rules that are relative to his or her practice. On December 19, 2019, the Supreme Court of Florida filed a revised opinion amending The Florida Probate Rules. Will contest attorneys and Florida probate lawyers will want to read this report as the amendments pertain to important rules deadlines.

In Re: Amendments to the Florida Probate Rules- 2019 Regular Cycle Report

On December 19, 2019, the Supreme Court of Florida issued amendments to the Florida Probate Rules. What are the amendments?

1. An amendment to Rule 5.020 changes the deadline for service of a motion for rehearing from ten days to fifteen days after the date of filing of the or judgment. Florida probate lawyers know the importance of never missing a deadline. Missing a deadline in Florida litigation can be detrimental to a case.Therefore, trust and estate litigators and inheritance lawyers need to make note of this important amendment.
2. The Supreme Court of Florida added a subdivision to rule 5.040 ( Notice). In addition, they revised subdivision (a) (4) (F) and (a)(5). The amendment discusses service by first-class mail.
3. Rule 5.200( Petition for Administration) is amended to require the person seeking appointment as the personal representative to indicate whether any other person has equal or higher preference under section 733.301, Florida Statute, and if so, the person’s name and whether the person will be served formal notice. In addition, a statement that the personal representative is qualified to serve under the laws of Florida as a business entity under section 733.305, Florida Statutes or an individual under sections 733.303 and 733.304, Florida Statutes is now required.
4. Pertaining to Rule 5.275, a new subdivision(b) is added. This subdivision states that where the presumption of undue influence applies, the presumption shifts the burden of proof under sections 90.301-90.304, Florida Statutes. Undue influence cases are frequently encountered by West Palm Beach probate litigators.
5. Language in rule 5.636 (Settlement of Minors’ Claims) is amended.

If you are a Florida lawyer who practices probate law, you may want to read this most recent Supreme Court of Florida report in its entirety.