ID Divisional Instructions

Probate

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

IMPORTANT UPDATE:

Division ID is NOW participating in Online Scheduling for hearings thirty (30) minutes or less.

Probate UMC & Ex-Parte Calendar:

IMPORTANT UPDATE:

A Restricted Depository is required for all guardianship involving property and all estate cases.

The Fifteenth Circuit has launched a new ex-parte calendaring app that will serve all probate divisions in South County, North County and West Palm Beach

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

The ex-parte calendaring application can also be accessed by clicking the following link for our Online Scheduling System or by visiting www.15thcircuit and selecting "View All Web Applications" from within the Circuit Web Applications box"

Division ID is participating in E-Filing and E-mail Service. Please send all proposed orders and judgments, and all courtesy copies of motions for special set hearings, memorandums, and case authority to: CAD-DivisionID@pbcgov.org

Orders sent to the Court by email will be served to the parties by email ONLY. All orders must state a mailing and email address for each party for service. IF the opposing side is an email excused attorney or a pro se party (unless pro se party has agreed to email service) you must advise the court in writing that a hard copy of the order must be mailed to that person.

Probate Ex-Parte Calendar is held Tuesday & Thursday @ 8:45 a.m., in Courtroom 6C. Uniform Motion Calendar (UMC) is held on Tuesdays, Wednesdays, and Thursdays. The hearings are not scheduled with the Judicial Assistant. The hearings are scheduled online using the UMC Online Scheduling Program. Accordingly, please send a courtesy copy of the motion and notice of hearing for all UMC matters, containing the name and docket number of your motion, to the UMC email address: CAD-DivisionID@pbcgov.org Judge Willis will review all motions prior to the hearing.

If you resolve your motion prior to the hearing date, please contact the Judicial Assistant and advise as quickly as possible or send an email to CAD-DivisionUMCFD-ID@pbcgov.org.

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


IMPORTANT UPDATE: Division ID is NOW participating in Online Scheduling for hearings thirty (30) minutes or less.


Probate UMC & Ex-Parte Calendar:

IMPORTANT UPDATE:

The Fifteenth Circuit has launched a new ex-parte calendaring app that will serve all probate divisions in South County, North County and West Palm Beach.

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

The ex parte calendaring application can also be accessed by clicking the following link for our Online Scheduling System or by visiting www.15thcircuit and selecting "View All Web Applications" from within the Circuit Web Applications box"

Please send all proposed orders and judgments, and all courtesy copies of motions for special set hearings, memorandums, and case authority via the US Mail, unless instructed by the Judge or Judicial Assistant.

DO NOT send Orders to the Court by via email unless instructed.

Probate Ex-Parte Calendar is held on Tuesdays @ 8:45 a.m., in Courtroom 6C. Uniform Motion Calendar (UMC) is held on Tuesdays, Wednesdays, and Thursdays @ 8:45 a.m., in Courtroom 6C. The hearings are not scheduled with the Judicial Assistant. The hearings are scheduled online using the UMC Online Scheduling Program or the Ex Parte scheduling program.   Accordingly, please send a courtesy copy of the motion and notice of hearing for all UMC matters, containing the name and docket number of your motion via the US Mail. Judge Willis will review all motions prior to the hearing.

DO NOT SEND PROPOSED ORDERS IN ADVANCE OF THE EX PARTE HEARING.  BRING PROSPOSED ORDERS TO THE HEARING.

 Online Scheduling

If you resolve your motion prior to the hearing date please cancel online and send an email to CAD-DivisionID@pbcgov.org.

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

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 ( Uncontested)
  • Petition to Determine Homestead or Exempt Property
  • Elective Share (Uncontested)
  • Petition for Distribution
  • Petition to Appoint Administrator ad Litem/Curator

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

The following motions WILL NOT be heard at Ex-Parte or UMC:

  • Petition for Attorney, Guardian or Personal Representative Fees
  • Petition to Approve Minor's Settlement
  • Personal Representative or Guardian Discharge (Petition to Discharge) - mail in only, no special set required
  • Appointment of Emergency Temporary Guardian
  • Disposition of Personal Property Without Administration
  • All Evidentiary Hearings Petition for appointment of guardians

Attorney/Guardian Fees

The Court must consider certain criteria's defined in FL 744.108 when reviewing attorney and Guardian fees: therefore, effective immediately, all fee petitions shall include the nature and value of the wards assets at  the time of filing ,the monthly income earned and the monthly expenses of the ward.

Proposed Orders

ID DIVISION CASES - All Proposed Orders shall be submitted via U.S. Mail with a cover letter and motion/petition.  

For Attorney/Guardian fees in Guardianship matters, the Court must consider certain criteria set forth in FL 744.108 when reviewing fees.  Therefore, effective immediately, all fee petitions shall include the nature and value of the guardianship's assets at  the time of filing, the monthly income earned and the monthly expenses of the ward.

Specially Set Hearings

Judge Willis will review all Motions, Memoranda of Law and legal authority prior to all UMC and Special Set Hearings. Accordingly, please email courtesy copies of materials for UMC and Special Set Hearings  CAD-DivisionID@pbcgov.org to the Court for review in advance of all hearings.  If Motion, Memoranda of Law and legal authority is more than 10 pages you will need to mail or drop off at Courthouse 5 days prior to hearing date.

  • Special Set Hearings of thirty minutes or less are scheduled online and the parties should not call the Judicial Assistant to special set hearings.
  • The hearing times are set in 15 or 30 minute increments. The parties should not set more than 30 minutes per case per day.
  • Counsel should bring to the hearing a proposed order granting/denying the motion.
  • Please do not call the judicial assistant if there are no available hearing dates or dates the parties cannot agree to. The Judicial Assistant monitors the online scheduling on a regular basis and will open dates as they become available. What is listed is what is available.
  • For special set hearings lasting more than 30 minutes, please submit a cover letter specifying the amount of time requested, a courtesy copy of the pleading, and any dates of unavailability. 

Local Rule 4

Strict compliance with amended Local Rule 4. Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve. See amended Local Rule 4.

Service and Preparation of Judgments and Orders

  • All proposed Orders for Division ID (Probate and Guardianship) requiring a judicial signature must be mailed.  Proposed Orders for Division ID should not be submitted through the divisional email unless otherwise advised by the Court.

Self-Represented Parties (Pro Se)

If you are a self-represented pro se party (with no attorney), please contact the Probate Manager at 561-355-3954, for questions and guidance regarding your case.

To receive and serve court documents by email, please review Administrative Order 2.310 and complete and file a Notice of Designation of Email Address for E-Service.

Do Not Send Letters, Emails or Notes To The Court. The Court does not act on letters, notes or emails sent by either party. The Court acts on petitions or motions properly filed with the Clerk of the Court. File the appropriate petition or motion with the Clerk of the Court, send a copy to the opposing side and a courtesy copy to the Court in order for requests to be addressed by the Court. All documents emailed to the Court must state that they were emailed to the opposing side in the same email or they will be returned as ex parte communication.

Fingerprinting-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 background check and a credit report as required by Florida Statue 744.3135.

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

VISIT the FLORIDA DEPARTMENT OF LAW ENFORCEMENT WEBSITE FOR THE ENTIRE LIST OF LIVESCAN SERVICE PROVIDERS TO HAVE FINGERPRINT AND CRIMINAL CHECK DONE. Palm Beach Sheriff Department is another option for in state guardians, see special instructions for out of state guardians below.

You will 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'S DEPARTMENT

FINGERPRINTING – Palm Beach County Sheriff's Departments:

14925 Cumberland Drive
Delray Beach, FL 33446
Tel.# 561-688-4760 or 561-688-4777

11498 Okeechobee Blvd.
Royal Palm Beach, FL 33411
Tel.# 561-790-5180 or 561-904-8290

1937 Q North Military Trail
West Palm Beach, FL 33409
Tel.# 561-688-3838 or 561-688-3839