Court: Supreme Court of Florida; May 22, 2014; Florida; State Supreme Court
Proposed amendments to the Florida Probate Rules have been approved to align with Florida Rule of Judicial Administration 2.425, which aims to minimize the filing of sensitive information. The Court has adopted these amendments following feedback from the Probate Rules Committee and in response to a prior ruling concerning privacy in court records. The amendments affect multiple rules, including those related to guardianship, probate petitions, and administration procedures, specifically altering requirements for identifying minors by using initials and year of birth instead of full names and dates of birth. Additional references to rule 2.425 are incorporated, and committee notes are provided for clarity but are not official rule components. The amendments are effective immediately upon this opinion's release, with changes indicated by underscoring new language and striking through deleted language. The amendments aim to enhance privacy protections in probate proceedings.
The document outlines revisions and historical changes to specific rules related to probate procedures in Florida. Key points include:
- The 2014 revision of Rule 5.210, concerning the probate of wills without administration, mandates that the petition must be verified and include names and addresses of the decedent's surviving spouse and beneficiaries, including minors.
- Rule 5.385 addresses the determination of beneficiaries and shares, with a 2014 revision noting an exception under Fla. R. Jud. Admin. 2.425(b)(6) regarding the disclosure of minor names in documents affecting their property ownership.
- Rule 5.405 details the proceedings for determining protected homestead real property, requiring the petition to include the decedent's surviving spouse, lineal descendants, and identification of any minor children at the time of death. The court's order must specify the real property and the individuals entitled to the protected homestead, defining their interests.
- All revisions maintain compliance with Fla. R. Jud. Admin. 2.425, which aims to minimize the filing of sensitive information. Rule references and statutory references remain unchanged throughout the document.
The document also notes that committee notes have been revised for clarity, although the substantive content of the rules largely remains consistent across revisions.
Rule 5.406 outlines the requirements for petitions regarding exempt property. The petition must be verified and include: (1) a description of the property and the justification for its exemption; (2) the name and address of the decedent’s surviving spouse or, if not applicable, the names and addresses of the decedent’s children entitled to the exempt property, including the year of birth for any minors.
Rule 5.407 details the contents of petitions for family allowances. The verified petition must state: (1) the names and addresses of the decedent’s surviving spouse and adult lineal heirs, along with the initials, address, and year of birth of any minor heirs who were dependent on the decedent; (2) for each individual seeking an allowance, the adult’s name or minor child’s initials, their relationship to the decedent, the basis for the allowance, and the amount requested.
Rule 5.530 governs summary administration petitions, requiring verification and inclusion of: (1) the interest, names, and addresses of all petitioners, as well as their attorney's name and address; (2) the decedent's name, last known address, last four digits of their social security number, date and place of death, and domicile; (3) as known, the names and addresses of the surviving spouse and beneficiaries, their relationship to the decedent, and the year of birth for any minors; (4) a statement regarding creditors' claims, including whether all claims are barred or if a diligent search for creditors was conducted, and detailed information on any debts if applicable.
The rules were updated to align with Florida Judicial Administration concerning the minimization of sensitive information.
No changes have been made to the Committee Notes and statutory references in the revisions of various rules. The 2014 amendment to subdivisions (a)(3) and (a)(7) of Rule 5.550 modifies the requirements for petitions to determine incapacity, specifying that only the year of birth of any minor next of kin needs to be provided, aligning with Fla. R. Jud. Admin. 2.425. Similar adjustments were made in Rule 5.555 regarding guardianships of minors, where exceptions under Fla. R. Jud. Admin. 2.425(b)(4, 5) allow for the use of minors' birth dates when necessary for jurisdiction or in matters of parental responsibility, time-sharing, or child support. The same provisions are reflected in Rule 5.560 concerning petitions for the appointment of guardians for incapacitated persons. Rule 5.590 outlines the application requirements for individual applicants seeking guardian appointment, necessitating disclosure of qualifications and information about any wards. All revisions are aimed at minimizing the filing of sensitive information in compliance with existing regulations.
Nonprofit corporations serving as guardians must provide a disclosure statement detailing their qualifications, the names of adult wards, initials of minor wards, court file numbers, the circuit court handling each case, and whether they act as limited or plenary guardians for each ward. The document outlines the requirements for petitions related to minor settlements, which must include the minor's identifying information, details about any appointed guardians, potential conflicts of interest, a description of the cause of action, a summary of the settlement terms, and relevant documents. Additionally, standby guardians must petition for confirmation of their appointment within 20 days, including their address and information about the incapacitated person or minor. The revisions throughout the document aim to align with Florida Rule of Judicial Administration 2.425, which addresses the minimization of sensitive information filings. Historical revisions are noted from 1988, 2008, 2014, and others, indicating ongoing updates to ensure compliance and clarity.
