In re Amendments to the Florida Probate Rules

Summary

The Supreme Court of Florida adopted amendments to several Florida Probate Rules and created rules concerning general and special magistrates and the management of nonresident wards' property. The amendments address notice and service, probate petitions, creditor claims, guardianship administration, and magistrates' review and reporting procedures. The amendments were made effective January 1, 2008, at 12:01 a.m.

Holdings

1. The Supreme Court of Florida adopted the proposed amendments to the Florida Probate Rules, including amendments to existing probate and guardianship rules and new rules 5.095 and 5.645.
2. Under amended Florida Probate Rule 5.697(e), a magistrate must file a report only if a hearing is held under subdivision (d) or if the court specifically directs the magistrate to file one.

Questions Presented

1. Whether the Supreme Court of Florida should adopt the proposed amendments to the Florida Probate Rules.
2. Whether rule 5.697(e) should expressly provide that a magistrate must file a report only when a hearing is held under subdivision (d) or when specifically directed by the court.

Disposition

approved