IY Divisional Instructions

Probate Law Division "IY":

E-mail address is: CAD-DivisionIY@pbcgov.org

The Clerk's office will be closing to the public starting Tuesday March 24th. All Family filing will have to be done by U.S. Mail, UPS, FedEx, etc. Remember to enclose payment and return envelope if you are in need of certified copies.


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.

Online Scheduling is available for Uniform Motion Calendar (UMC) and SPECIAL SET HEARINGS in Probate Division "IY"

 Online Scheduling

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

**Probate Division "IY" is now participating in On-Line Scheduling for Special Set Hearings thirty (30) minutes or less.**

**SPECIAL SET HEARINGS ONE (1) HOUR OR LONGER WILL CONTINUE TO BE SET BY THE JUDICIAL ASSISTANT.** PLEASE NOTE THAT ALL PETITION'S FOR GUARDIANSHIP MUST BE SCHEDULED BY THE JUDICIAL ASSISTANT.

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 on-line scheduling. The court can only print documents that are ten (10) pages or less. Any documents over the ten (10) page limit will have to be mailed to the court for review.  **PLEASE DO NOT UPLOAD ORDERS. PLEASE BRING ALL PROPOSED ORDERS TO THE COURT HEARING FOR THE JUDGE'S SIGNATURE.** If you would like a conformed copy of the order please bring additional orders.

**ALL ORDERS SHOULD BE SUBMITTED IN "WORD FORMAT" 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.

CAD-DivisionIY@pbcgov.org

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

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

Probate Uniform Motion Calendar (UMC) & Ex-Parte Calendar:

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

All dates must be requested in the new system, which is accessible by clicking the same link below.

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 or by visiting www.15thcircuit.com and selecting "View All Web Applications" from within the Circuit Web Applications box.

 Online Scheduling

Probate - Service and Preparation of Orders

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

  • Probate Division "IY" 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 "IY" 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 Final Judgments and/or Orders should be submitted by email to to CAD-DivisionIY@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.
  • Proposed order should include a cover letter specifying the date of the hearing.

Probate Ex-Parte Calendar is held Thursday @ 8:45 a.m., in Courtroom 2. Uniform Motion Calendar (UMC) will be held on Tuesday, Wednesday, and Thursday. The UMC hearings are scheduled online. You may check Judge Burton's suspension dates on the Fifteenth Judicial Circuit Website. Judge Burton will review all motions scheduled for UMC and Ex-Parte on-line prior to the hearing.

If you resolve your motion prior to the hearing date, please cancel your scheduled hearing by going on-line.

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

No Files Will Be Pulled The Morning Of Ex-Parte.

Files ARE NOT required for UMC Hearings.

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.

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- mail in only, no special set
  • 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 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 561-330-1785. Hearing times are available in blocks of 15 or 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 signature to CAD-DivisionIY@pbcgov.org. 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 561-330-1785.
  • 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.
  • Submit your proposed Order in advance of the hearing and in Word Format to CAD-DivisionIY@pbcgov.org.
  • 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-DivisionIY@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 ten (10) pages total, please send courtesy copies via U.S. mail to the Court (please allow time if sending via US mail).

Appearance by telephone is permitted at special set hearings using CourtCall. CourtCall.com is the service provider 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 CourtCall.com and/or call 1-888-882-6878 and follow the instructions. No Motion or Order for telephone appearance is required, however, your opposing counsel/party must be aware that you are appearing via telephone. 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 the witness.

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.

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-DivisionIY@pbcgov.org. Judge Burton 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 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.
  • The original notice must be filed with the Clerk. A courtesy copy should be emailed to CAD-DivisionIY@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 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.