IX Divisional Instructions

Probate

IMPORTANT UPDATE: Digital Probate Checklists Now Available

Digital Probate Checklists are now available in the 15th Circuit's Online Services System ("OLS").

Digital Checklists eliminate the need to schedule ex-parte hearings, or even come to the courthouse.

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

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

All lawyers are encouraged to 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.

How Does It Work?

To Submit an Order:

As an example, below are the steps to submit an Order for Testate Summary Administration:

  • Log into the 15th Circuit's OLS;
  • In OLS, create the appropriate order one of three ways:
    1. Click on the "Submit Order From Template" button;
      • Select the Generic Order template, and type in the text of your order; or
    2. If you have previously drafted the order in Word offline, cut and paste the order text into the body of the Generic Order template.
      • Follow the instructions on the screen and complete.
      • Click "Submit" to send the order to the judge.
    3. In OLS, click the "Submit Proposed Order" button;
      • Browse your computer and select, then upload the order;
      • Review the document and make any format adjustments necessary prior to submission.
      • Follow the instructions on the screen to submit the order to the court.

To Submit a Digital Probate Checklist:

  • In OLS, click on the "Submit Order From Template" button;
  • Select the appropriate probate checklist from the dropdown menu.
  • Populate the checklist completely and accurately.
  • Follow the instructions on the screen and complete.
  • Click "Submit" to send the order to the judge.

We realize that the current paper process can cause delays in processing these orders, which impacts families at the worst time when they are dealing with the death of a loved one. Digital Checklists are intended to expedite the receiving, processing, filing and service of these orders.

For additional information on court provided digital training resources visit the Circuit's YouTube channel, CourtHelp4U.

IMPORTANT:

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. PLEASE SEE SUPREME COURT ADMINISTRATIVE ORDER AOSC19-74 WHICH DISCUSSES TRANSITION TO A "FULLY ELECTRONIC ENVIRONMENT THAT IS LARGELY PAPERLESS."

PLEASE NOTE:

Documents without a checklist may 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.

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.

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


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

PLEASE DO NOT UPLOAD PROPOSED ORDERS UNLESS OTHERWISE INSTRUCTED. SEND ALL PROPOSED ORDERS TO CAD-DivisionIX@pbcgov.org. PLEASE DO NOT SEND ANY ORDERS VIA US MAIL.

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 button below.

 Online Scheduling

Division IX 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-DivisionIX@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 5 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-DivisionIX@pbcgov.org.

If you resolve your motion prior to the hearing date, please contact the Judicial Assistant.

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
  • 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 (Heard only on Wednesdays)
  • 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, and the hearing must be scheduled online.
  • The following motions WILL NOT be heard at Ex-Parte or UMC:
    • Petition for Attorney, Guardian or Personal Representative Fees. Even if all parties consent to the attorney fee petitions, a 15-minute special set must be set. Please attach the invoices to your Petition so the Court may review the invoices prior to the hearing.
    • Petition to Approve Minor's Settlement
    • Personal Representative or Guardian Discharge (Petition to Discharge) - email to CAD-DivisionIX@pbcgov.org or mail in only, no special set required
    • Appointment of Emergency Temporary Guardian
    • Disposition of Personal Property Without Administration
    • Modification of Trust or Trust Complaints - Heard only on Wednesdays
    • All Evidentiary Hearings Petition for appointment of guardians

Special Set Hearings

  • 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 scheduling the hearing.
  • Special set hearings are now scheduled using the Online Scheduling program for hearings thirty (30) minutes or less. Once the hearing is scheduled by Court order, it 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.
  • Submit your proposed Order in advance of the hearing and in Word format to CAD-DivisionIX@pbcgov.org.
  • Failure to comply with these procedures will result in cancellation of your hearing by the Court.
  • Any hearing that requires thirty (30) minutes or more, please send your request to Judge Schosberg Feuer with the amount of time requested for your motion and a copy of the motion (email your request). The Judge will review and decide whether the amount of time you are requesting is appropriate for your motion. The judicial assistant will contact you once the Judge has reviewed the motion.
  • Judge Schosberg Feuer will review all motions, memoranda of law (10 pages 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-DivisionIX@pbcgov.org, 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 10 pages, please send motions, memoranda of law and supporting case law via US mail to the Court (please allow plenty of time if sending via US mail).
  • Appearance by telephone is permitted at special set hearings using CourtCall, CourtScribes, or Zoom. However, you must get an order from the Court allowing you to appear telephonically for Special Set Hearings in compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451. CourtCall, CourtScribes, or Zoom are the service providers used for the purposes of scheduling and appearing at a non-evidentiary hearing via telephone. To set a telephonic appearance for a hearing that is presently set, please go to and/or call  CourtCall 1-888-882-6878CourtCall.com, CourtScribes 833-727-4237 ext 3,  or Zoom 888-799-9666  and follow the instructions . A witness may testify by telephone only in strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451. 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 the witness.

  • PLEASE PRE MARK YOUR EXHIBITS USING THE CLERK'S FORMAT:
  • Evidence - Unified Family Court: Pre-Marking Guidelines
  • ONCE A HEARING IS SET, YOU CANNOT ADD ON MOTIONS THAT ARE NOT IN THE ORDER SETTING.

Updated: Telephonic Court Appearance Providers

Vendor Phone Number Website
Court Call 888-882-6878 CourtCall.com
CourtScribes 833-727-4237 Ext. 3 CourtScribes.com
Zoom 888-799-9666  

Fingerprint-Electronic Only and Credit Reports for All Guardians

PDF 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 database must also comply. Once in the database 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.

Emergency Motions

Motions for Emergency Hearing must 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." Judge Ticktin will review the Emergency Motion and email any Order(s) on the Emergency Motion to all counsel of record.

Notice/Motion to Set Cause for Trial

  • Original notice/motion to set cause for trial filed with Clerk's office.
  • Please adhere to all instructions in Administrative Order 5.209.
  • Judge must receive a courtesy copy of the notice for trial.
  • 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 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 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.
  • Trial dates must be coordinated with the Judicial Assistant. The parties must agree on the number of days for trial.
  • Trial Orders will contain trial dates, mediation requirements, pre trial procedures, and a case management conference date prior to trial.
  • The original notice must be filed with the Clerk. A courtesy copy should be emailed to:CAD-DivisionIX@pbcgov.org. Trial Orders are served via email to all parties registered for e-service.
  • 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 if good cause is shown.

Service And Preparation Of Judgments And Orders

  • FINAL JUDGMENTS and Orders will be e-mailed to all parties or mailed if there are pro se litigants or attorneys without e-service.
  • Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
  • Proposed Final Judgments and/or Orders should be submitted by email to to CAD-DivisionIX@pbcgov.org, in Word format or Rich Text Format, within ten (10) days following the hearing.
  • Remember to leave a 3x3 inch blank space in the upper right hand corner for recording purposes. The Clerk will not record your Final Judgment without this space.
  • Proposed order should include a cover letter specifying the date of the hearing.