Summary
The Florida Supreme Court approves amendments to the Florida Probate Rules proposed in the Probate Rules Committee's quadrennial report. The amendments include changes addressing probate administration, fiduciary accounting, ancillary personal representatives, objections to claims, minors' claims, and expedited judicial intervention concerning medical treatment. The amendments were made effective January 1, 1993, at 12:01 a.m.
Holdings
- The Court approved the amended report and the appended amendments to the Florida Probate Rules.
- The requirements in Florida Probate Rules 5.200 and 5.260 that a decedent's Social Security number be included on specified filings do not violate federal law.
- The amendments to the Florida Probate Rules become effective January 1, 1993, at 12:01 a.m.
Questions Presented
- Whether the Court should approve the Florida Probate Rules Committee's proposed quadrennial amendments.
- Whether requiring a decedent's Social Security number on petitions for administration and caveats violates federal privacy law.
- Whether the proposed rules should be amended to conform to the 1992 amendments to Florida probate and guardianship legislation.
Disposition
approved
Cases Cited (8)
- Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565 (1988)(followed)
- Casto v. Casto, 404 So. 2d 1046 (Fla. 1981)(followed)
- State ex rel. Falkner v. Blanton, 297 So. 2d 825 (Fla. 1974)(followed)
- Clara P. Diamond, Inc. v. Tam-Bay Realty, Inc., 462 So. 2d 1168 (Fla. 2d DCA 1984)(followed)
- In re Amendments to the Florida Probate Rules, 460 So. 2d 906 (Fla. 1984)(followed)
- In re Florida Guardianship Law, 551 So. 2d 452 (Fla. 1989)(followed)
- In re Amendments to the Florida Probate Rules, 584 So. 2d 964 (Fla. 1991)(followed)
- In re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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