IZ Divisional Instructions

Probate Division "IZ": (and Probate Divisions "IC", "IX" and "IY" until all cases are transferred to Division "IZ").

 

PROBATE CHECKLISTS ARE NOW REQUIRED FORALL PROBATE FILINGS

Digital Probate Checklists are now available at www.15thcircuit.com/services/probate-division

 

Email address for all Divisions is: CAD-DivisionIZ@pbcgov.org

**Parties may appear in person or via Zoom at Uniform Motion Calendar (UMC) or Special set hearings.

** However, all Trials are in-person and a motion for a witness to appear via Zoom along with a proposed order shall be filed for any witnesses who may need to appear via Zoom. A witness may testify only in a strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451(b).

 

Zoom Meeting Information

*Uniform Motion Calendar Hearings ONLY.

Topic: PROBATE - UNIFORM MOTION CALENDAR (UMC)
Meeting Link:
 Join Zoom Meeting
Meeting ID: 834 6129 2418
Password: 717996

Zoom Meeting Information

*Special Set Hearings ONLY.

Topic: PROBATE/GUARDIANSHIP - All Special Set Hearings
Time: This is a recurring meeting Meet anytime
Meeting Link:
 Join Zoom Meeting
Meeting ID: 879 7813 4414
Password: 694600

Uniform Motion Calendar/Special Set & Trial Instructions for Probate/Guardianship

Probate Uniform Motion Calendar (UMC):

IMPORTANT UPDATE: The Fifteenth Circuit has suspended all ex-parte dockets.

Online Services

Uniform Motion Calendar (UMC) will be held on:

Tuesdays @ 9:00 AM - in person or via Zoom
Thursdays @ 9:00 AM in person or via Zoom

All UMC hearings are scheduled online. Judge Burton will review all motions scheduled for UMC on-line prior to the hearing.

If you resolve your motion prior to the hearing date, please cancel your scheduled hearing via OLS and submit a courtesy copy of the e-filed Notice of Cancellation to CAD-DivisionIZ@pbcgov.org.

All waivers, consents, renunciations and receipt of assets must be notarized.

Files ARE NOT required for UMC Hearings.

APPEARANCES FOR HEARINGS:

**Parties may appear in person or via Zoom at Uniform Motion Calendar (UMC) or Special Set Hearings that are scheduled for one (1) hour or less.  However, if the matter is contested the parties should agree that they will all appear in person or will all appear on Zoom. 

**All special set hearings two (2) hours or longer are in-person.  The Court allows any witnesses/experts that are out-of-town or out-of-county to appear via Zoom. A witness may testify only in strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451(b). Please note, if you are a witness or are planning to give testimony in your case, you must have a notary public present with you for the purpose of confirming your identification, and/or to swear-in the witness unless the parties agree that it is not necessary.

**However, all Trials are in-person.  The Court allows any witnesses/experts that are out-of-town or out-of-county to appear via Zoom. A witness may testify only in strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451(b). Please note, if you are a witness or are planning to give testimony in your case, you must have a notary public present with you for the purpose of confirming your identification, and/or to swear-in the witness unless the parties agree that it is not necessary.

**NOTE: Contempt Hearings are In-Person.

 

Online Scheduling

Online Scheduling through Online Services is available for Uniform Motion Calendar (UMC) and SPECIAL SET HEARINGS (for thirty (30) minutes or less) in Probate Division "IZ".

Online Services

Prior to first use, users must create an account in the Court's Online Services (current users can use their existing account.)

Probate Division "IZ" is now participating in Online Scheduling for Special Set Hearings thirty (30) minutes or less.

You may upload your Notice of Hearing, Order Specially Setting Hearing, Motions, and Additional Attachments for the Court's review prior to the scheduled hearing through the online scheduling. The court can only print documents that are ten (10) pages or less. Parties may e-mail documents ten (10) pages or less for the Courts review three (3) business days prior to the scheduled hearing to CAD-DivisionIZ@pbcgov.org. Any documents over the ten (10) page limit will have to be mailed to the court for review three (3) business days prior to the scheduled hearing. ** You may use the drop off box on the first floor at the South County Courthouse as long as the documents fit in the drop off box.

  • ALL ORDERS MUST BE SUBMITTED IN "WORD FORMAT" VIA OLS FOR THE COURT TO ELECTRONICALLY SIGN.
  • All orders must state a mailing address and e-mail address for each party being served and that have registered e-mail addresses with the Clerk of Court.
  • IF THE OPPOSING SIDE IS AN E-MAIL EXCUSED ATTORNEY OR A PRO SE party (unless pro se party has agreed to e-mail service) DO NOT SEND YOUR ORDER BY E-MAIL. A hard copy of the proposed order must be provided to the Court with sufficient self-addressed stamped envelopes provided to the Court for service.

Requesting a Special Set Hearing MORE THAN THIRTY (30) MINUTES.

**SPECIAL SET HEARINGS MORE THAN THIRTY (30) MINUTES WILL CONTINUE TO BE REQUESTED THROUGH THE JUDICIAL ASSISTANT. **PLEASE NOTE THAT ALL PETITIONS FOR GUARDIANSHIP MUST BE SCHEDULED BY THE JUDICIAL ASSISTANT.

To Request a Special Set hearing More than Thirty (30) Minutes:

  1. Send an e-mail to CAD-DivisionIZ@pbcgov.org
  2. SUBJECT LINE: Request special set hearing, case number and case style
  3. Advise the court of the special set request and how much time is required for the special set.
  4. Please attached a courtesy copy of the motion to be heard.
  5. INCLUDE ALL INVOLVED PARTIES ON THE E-MAIL when requesting a special set hearing.
  6. The judicial assistant will send out three (3) dates for the parties to coordinate.
  7. Once the parties have agree upon a date, the moving party will e-mail the court with the date that has been agreed upon by all parties.
  8. Once you receive an e-mail from the court “CONFIRMING” the date, the moving party will prepare/send an Order Specially Setting Hearing for the court to sign and e-file.
  9. DO NOT PREPARE/OR SEND AN ORDER SETTING THE HEARING THE UNTIL THE COURT HAS “CONFIRM” THE DATE FOR A SPECIAL SET HEARING.

Notice/Motion to Set Cause for Trial

  • The original notice/motion to set cause for trial must be filed with the Clerk. A courtesy copy should be emailed to the Judge via CAD-DivisionIZ@pbcgov.org. Trial Orders are served via email to all parties registered for e-service.
  • NOTICE OF UNAVAILABILITY MUST BE FILED WHEN FILING A NOTICE TO SET TRIAL.
  • Please adhere to all instructions in Administrative Order 5.209
  • In cases where one side is represented by an attorney and the other side is pro se, the notice shall contain the e-mail address for the attorney and the physical street address and/or e-mail address for the pro se party. Submit the notice with a self-addressed stamped envelope stapled to the Notice for Trial for the pro se, and the trial order will be served via judicial e-service to the attorney and by U.S. Mail to the pro se party.
  • Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
  • You may obtain a trial date before completing mediation, but you must complete mediation prior to trial.
  • Continuances of trial require a hearing on Uniform Motion Calendar. CAUTION: Do not notice your case for trial unless both sides agree the case is trial ready. Continuances will only be granted in cases of emergency.
  • Any party seeking to exclude expert testimony under a Daubert analysis pursuant to F.S. 90.702 shall file a motion with the court specifically identifying the basis for the Daubert challenge. All Daubert motions shall be scheduled and heard prior to the commencement of the trial.

Emergency Motions

Motions for Emergency Hearing should be filed with the Clerk's e-portal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." Courtesy copies of Emergency Motions may be emailed to CAD-DivisionIZ@pbcgov.org. Judge Burton will review the Emergency Motion and email any Order(s) on the Emergency Motion to all counsel of record.

Courtesy Copies of Documents Less than 10 pages

Courtesy copies of documents less than ten (10) pages (ex.: motions, memorandum of law and legal authority) are be submitted to the Court for review in advance of all scheduled hearings three (3) business days prior to the hearing. Judge Burton will review all motions, memorandum of law and legal authority prior to all hearings. Accordingly, all counsel/parties are to provide courtesy copies of their memoranda of law and supporting case law (only if all documents combined are ten (10) pages or less) to the Court via the following e-mail address CAD-DivisionIZ@pbcgov.org five (5) business days prior to the scheduled hearing and designate the date and time of the hearing which they reference. Counsel/parties should highlight or otherwise mark the key language in the most pertinent and important cases and key exhibits for the court and opposing counsel. If the documents exceed ten (10) pages total, please send a courtesy hard copy only via US mail to the Court five (5) business days prior to the scheduled hearing. You may also use the drop off box on the first floor at the South County Courthouse if your documents fit in the drop off box.

 

Important: Submitting Proposed Orders

ALL PROPOSED ORDERS FOR PROBATE CASES SHOULD BE SUBMITTED DIRECTLY THROUGH THE OLS SYSTEM AND SHOULD NOT BE SENT TO THE JUDGE'S CAD DIVISION EMAIL OR VIA US MAIL, unless otherwise instructed by the Court. PLEASE SEE SUPREME COURT ADMINISTRATIVE ORDER AOSC19-74, WHICH DISCUSSES TRANSITION TO A "FULLY ELECTRONIC ENVIRONMENT THAT IS LARGELY PAPERLESS."

ALL PROPOSED ORDERS SHALL BE SUBMITTED TO THE COURT FOR REVIEW NO LATER THAN 48 HOURS FOLLOWING THE HEARING VIA OLS OR 48 HOURS PRIOR TO THE SCHEDULED HEARING

All proposed orders must be submitted through the OLS system.

**In the notes/comments section you MUST indicate whether it is one of the following utilizing one of the formats and exact language below:

A. AGREED ORDER WITHOUT HEARING: [Name of Order / attached motion / agreement].

B. ORDER AFTER HEARING: Parties agree to the order [Name of Order] accurately reflects the Court's ruling after the hearing on [DATE AND TIME OF HEARING].

C. DISPUTED ORDER AFTER HEARING: Parties dispute the Court's ruling after hearing on [DATE AND TIME OF HEARING]. Attached is the transcript. The parties (attorneys and clients) understand the parties have a duty to attempt to resolve any conflicts and accurately set for the ruling made by the Court.

D. FUTURE PROPOSED ORDER FOR HEARING ON [DATE AND TIME OF HEARING]. Parties Proposed Order that has been provided to opposing counsel.

E. PROBATE EX PARTE ORDER

Probate - Service and Preparation of Orders

*Probate Case Managers for Division "IZ" are not participating in E-Filing/E-Service.

  • Probate Division "IZ" Final Judgments and Orders received by *e-mail in WORD format, will be signed and filed directly with the Clerk of Court. Parties will receive a copy if they have a registered e-mail address on file with the Clerk.
  • Probate Division "IZ" Final Judgments and Orders received by *US Mail will be mailed out if additional copies of the order and self-addressed stamped envelopes are provided.
  • Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
  • Proposed Orders should be submitted by OLS.
  • Proposed final judgments may be submitted via OLS only within two (2) days following the hearing or one (1) day prior to the hearing.
  • Remember to leave a 3x3 inch blank space in the upper right hand corner for recording.
  • Proposed order should include a cover letter specifying the date of the hearing.

Examples of Ex-Parte and UMC Matters:

Ex-Parte

  • Petition for Administration (with or without agreed order for PR Appointment)
  • Petition to Authorize Sale
  • Petition for Summary Administration
  • Petition to Extend Time
  • Petition to Determine Heirs (Uncontested)
  • Petition to Strike Claims
  • Petition to Determine Homestead or Exempt Property
  • Elective Share (Uncontested)
  • Petition for Distribution
  • Petition to Appoint Administrator ad Litem/Curator

UMC Matters

  • Motion to Intervene
  • Motion for Instructions
  • Motion to Compel
  • Status Conference
  • Motion for Protective Order
  • Motion for Continuance
  • Motion for Default
  • Agreed Orders (Except for PR Appointment - see above)
  • Motion to Terminate or Limit Examinations
  • Modification of Trust or Trust Complaints

Matters brought before the court must be noticed five (5) days prior to the hearing for in-state residence and ten (10) days for out-of-state residence. The Notice of Hearing must be e-filed and a courtesy copy sent to the Judicial Assistant.

Special Set Hearings thirty (30) minutes or less are now scheduled on-line. Hearings one (1) hour or longer are scheduled with the Judicial Assistant. PLEASE NOTE THAT ALL PETITION’S FOR GUARDIANSHIP MUST BE SCHEDULED BY THE JUDICIAL ASSISTANT.

  • Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.
  • Person requesting hearing must confirm availability with opposing counsel or pro se litigant before contacting the Judicial Assistant, Mary Beardsley, to schedule a special set hearing at 561-330-1723.
  • IF the opposing counsel or Pro-Se litigant is NOT available on the dates provided by the moving party, then the Opposing Counsel not the moving party shall be responsible for obtaining new dates from the Judicial Assistant ASAP.
  • Hearing times are available for thirty (30) minutes. Upon receipt of a special set hearing date and time, send proposed Order Setting Hearing in Word Format (See Divisional Forms and Orders) for Judge Burton's via OLS. Thereafter, the Judicial Assistant will e-file the signed Order on Special Set Hearing to all counsel/parties. Alternatively, pro se parties may contact Judicial Assistant, Mary Beardsley, to schedule a special set hearing by telephone at 561-330-1723.
  • Special set hearings are set by Court order and cannot be cancelled except by further order of the Court unless the matter is settled (with an agreed order presented to Court) or withdrawn.
  • If the hearing is evidentiary, that must be noted on the proposed Order on Special Set Hearing.
  • Failure to comply with these procedures will result in cancellation of your hearing by the Court.

Judge Burton will review all motions, memoranda of law ten (10) pages combined maximum - either in support or opposition to the motion), and case authority in advance of all special set hearings. Accordingly, all counsel/parties should provide courtesy copies of their special set motions, memoranda of law and supporting case law to the Court via the following email address: CAD-DivisionIZ@pbcgov.org five (5) business days prior to the scheduled hearing and designate the date and time of the hearing which they reference. Counsel/parties should highlight or otherwise mark the key language in the most pertinent and important cases and key exhibits for the court and opposing counsel. If the documents exceed ten (10) pages total, parties shall send courtesy hard copies via U.S. mail to the Court five (5) business days prior to the scheduled hearing.

Probate Checklist Now Required in Division IZ

Digital Probate Checklists are now available on www.15thcircuit.com/services/probate-division

Digital Checklists eliminate the need to schedule UMC hearings, or even come to the courthouse.

Additionally, they limit the constant flow of shuffling proposed orders back and forth between the probate divisions and the case managers.

Digital Checklists also comply with Supreme Court Administrative Order AOSC19-74.

All lawyers SHALL use Digital Checklists now to help identify any technical or operational issues prior to the hard launch date, after which they will be the required method of submission.

Please Note:

ALL SUBMITTED ORDERS ARE REQUIRED TO HAVE THE APPROPRIATE CHECKLIST(S) PREPARED AND FILED.  THE COURT TREATS THE CHECKLIST AS IF THE LAWYER IS IN OPEN COURT STATING THAT THE CONTENTS OF THE CHECKLIST ARE TRUE AND ACCURATE.  AN ACCURATE CHECKLIST WILL RESULT IN A FASTER RESPONSE.

Documents without a checklist WILL be forwarded to the case manager for review in the ordinary course. Incomplete or inaccurate checklists will be returned with a deficiency or rejection memorandum in the ordinary course. To avoid unnecessary delays in processing your paperwork, please ensure all checklists are accurate and complete.

**Approved checklist can be found at: https://www.15thcircuit.com/services/probate-division.

Deficiencies:

**If you receive a Deficiency or Rejection Memorandum, Status Order, or other Order of Deficiency, you may avoid an ex-parte hearing by curing your deficiency immediately and filing all necessary documentation to show the deficiency has been cured. Once ALL the cited deficiencies have been cured and related documents have posted on the docket, please send your proposed order(s) through OLS with a notation that all deficiencies have been cured.

"A Restricted Depository is required for all guardianship involving property."

Important Update: Effective 8/14/19:

Attorney/Guardian Fees:

The court must consider the criteria defined in FL STAT §744.108 when reviewing Attorney and Guardian fees requests; therefore, all fee petitions should include the nature and value of the Ward's assets at the time of filing the fee request, the monthly income earned and the monthly expenses of the Ward.

Fingerprint-Electronic Only and Credit Reports for All Guardians

Prior to the appointment of a Guardian, all proposed guardians are required to submit to a level 2 criminal check and a credit report as required by Florida Statue 744.3131.

Professional guardians: if you are not currently in the clerk's data base must also comply. Once in the data base the records remain valid on file for two (2) years.

Visit Florida Department of Law Enforcement for a list of livescan service providers to have fingerprint and criminal check done. The sheriff department is another option, see below.

You would need this - ORI number for electronic transmission to the clerk:

FL050063Z - professional guardians
FL050064Z- non professional guardians

All fees must be verified with the sheriff department.

Fingerprinting - Palm Beach County Sheriff Departments:

345 South Congress Avenue
Delray Beach, FL 33445
Tel.# 561-688-4760

11498 Okeechobee Blvd.
Royal Palm Beach, FL 33411
Tel.#561-790-5180

1937 Q North Military Trail
West Palm Beach, FL 33409
Tel.#561-688-3838

Credit check can be done with the 3 major credit bureaus- must include FICO score:
EXPERIAN
TRANSUNION
EQUIFAX

Results must be e-filed together with a notice of confidential filing within court file.