Proposed amendments to the probate rules.

The Florida Bar's Probate Rules Committee has submitted to the Florida Supreme Court a regular-cycle report proposing amendments to the Florida Probate Rules. The Committee proposes amendments to rules 5.040 (Notice); 5.041 (Service of Pleadings and Papers); 5.200 (Petition for Administration); 5.210 (Probate Wills without Administration); 5.241 (Notice to Creditors); 5.490 (Form and Manner of Presenting Claim); 5.496 (Form and Manner of Objecting to Claim); 5.498 (Personal Representative's Proof of Claim); 5.499 (Form and Manner of Objecting to Personal Representative's Proof of Claim); 5.530 (Summary Administration); 5.650 (Resignation or Disqualification of Guardian; Appointment of Successor); 5.670 Termination of Guardianship on Change of Domicile of Resident Ward); 5.697 (Magistrates' Review of Guardianship Accountings and Plans); and 5.710 (Reports of Public Guardian). The Committee further proposes two new rules: 5.095 (General and Special Magistrates); and 5.645 (Management of Property Nonresident Ward by Foreign Guardian). The court invites all interested persons to comment on the committee's proposed amendments, which are summarized below and reproduced in full online at www. oridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before April 2, with a certificate of service verifying that a copy has been served on Peter A. Sachs, Committee Chair, Post Office Box 3475, West Palm Beach 33402-3475, well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case for June. Further, if comments are directed toward proposed adoption of rule 5.095 (General and Special Magistrates), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Judge Hugh D. Hayes, Collier County Courthouse, 3301 Tamiami Trail East, Building L, Second Floor, Naples 34112. The chair has until April 16 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (September 13, 2004).

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO FLORIDA PROBATE RULES, CASE NO. SC07-153

RULE               CHANGE TO RULE

Rule 5.040         Subdivision (a)(3)(A) amended to require that formal
Notice             notice to a minor be made by serving a person
                   designated under Chapter 48, Florida Statutes, to
                   accept service on behalf of a minor. Subsequent
                   subdivisions renumbered.

Rule 5.041         Subdivision (b) amended to provide for service of
Service of         pleadings and papers on a minor by serving a person
Pleadings          designated under Chapter 48, Florida Statutes, to
and Papers         accept service on behalf of a minor.

Rule 5.095         New rule, patterned after Fla. R. Civ. P. 1.490, to
General            implement use of magistrates in any probate or
and Special        guardianship matter other than those specified in
Magistrates        rule 5.697.

Rule 5.200         Editorial change in subdivision (h) deleting the
Petition for       phrase "or otherwise a statement of the facts
Administration     concerning any such will or codicil."

Rule 5.210         Adds subdivision (b) providing for service of a copy
Probate of         of the petition to probate a decedent's will without
Wills without      administration, and adds subdivision (c) providing
Administration     the procedure for objections, to be consistent with
                   the procedure for probate of a will with
                   administration.

Rule 5.241         Editorial change in subdivision (a), substituting
Notice to          "by informal notice" for "in the manner provided for
Creditors          informal notice."

Rule 5.490         Editorial change in subdivision (a). New (f) added,
Form and Manner    providing procedure for notice when personal
of Presenting      representative files a claim individually or
Claim              otherwise has a conflict of interest with any
                   interested person regarding a claim.

Rule 5.496         Editorial change in subdivision (a), and adds
Form and Manner    following sentence to (b): "The objection shall
of Objecting to    include a certificate of service."
Claim

Rule 5.498         Clarifying amendment to subdivision (b), requiring
Personal           service of personal representative's proof of claim
Representative's   only on interested persons, which would include
Proof of Claim     those creditors listed in the proof of claim who
                   have not yet been paid, as opposed to claimants who
                   have already been paid.

Rule 5.499         Extensive changes to rule governing objections to
Form and Manner    personal representative's proof of claim to clarify
of Objecting       the differences in procedure between items listed as
to Personal        paid and items listed as to be paid. Substantial
Representative's   revision to Committee Notes.
Proof of Claim

Rule 5.530         Summary administration rule substantially rewritten
Summary            to require the petition to include essentially the
Administration     same information required to be stated in a petition
                   for administration under Rule 5.200, and to require
                   the petitioners to specify facts showing that they
                   are entitled to summary administration. New
                   subdivision (b) added to provide for formal notice
                   of the petition, and subsequent subdivisions
                   relettered.

Rule 5.645         New rule, providing procedure to be followed by
Management of      guardian of the property of a nonresident ward
Property of        seeking to manage any part of property of the ward
Nonresident        located in this state. Includes provisions for
Ward by Foreign    designation of resident agent, filing of oath, and
Guardian           requirement of bond if foreign bond or other
                   security is deemed insufficient to guarantee
                   faithful management of the

Rule 5.650         Subdivision (i) (waiver) deleted to avoid
Resignation or     duplication with Rule 5.180, and subsequent
Disqualification   subdivisions relettered.
of Guardian;
Appointment of
Successor

Rule 5.670         Subdivision (i) (waiver) deleted to avoid
Termination of     duplication with Rule 5.180.
Guardianship on
Change of
Domicile of
Resident Ward

Rule 5.697         Title of rule and subdivisions (a) and (b) amended
Magistrates'       to add inventories to list of items that magistrates
Review of          may be appointed to review in guardianship
Guardianship       proceedings. Change in (f) to make review by the
Accountings        court mandatory when a party objects to magistrate's
and Plans          report.

Rule 5.710         Rule extensively amended to specify which reports
Reports of         the public guardian is required to file, either with
Public Guardian    the court or with the Statewide Public Guardianship
                   Office, including initial and annual reports and a
                   biennial report of an independent audit by a
                   certified public accountant.