Amendments to the probate rules.
In the June 15 issue of the News, the Florida Probate Rules
Committee invited comment on the proposed three-year-cycle amendments to
the Florida Probate Rules. After consideration of comments received, the
proposals regarding the rules listed below have been amended. The full
text of these proposals can be found at the Bar's Web site at www.
floridabar.org. The entire set of proposed amendments will be filed with
the court by February 1, 2007. Interested persons should submit comments
to the court by submitting an original and nine paper copies, and
electronic copies in accordance with the Court's administrative
order In re Mandatory Submission of Electronic Copies of Documents, Fla.
Admin. Order No. AOSC04-84 (Sept. 13, 2004), with a copy to Peter Sachs,
committee chair, at firstname.lastname@example.org.
RULE COMMITTEE REASONS FOR CHANGE
5.490 16-0 Phrase "at the option of the personal
representative" in third sentence of new (f)
deleted as unnecessary.
5.496 16-0 Requirement in (b) for service of objection to
a claim "in the manner provided for service of
formal notice" deleted and replaced by
requirement for certificate or other proof of
service, which establishes date of service.
5.499 16-0 Requirement in new (e) (former (c)) for service
of objection to item listed on proof of claim
as to be paid "in the manner provided for
service of formal notice" deleted and replaced
by requirement for certificate or other proof
of service, which establishes date of service.
5.530 16-0 Text in (a) modified to delete as unnecessary
the following struck-through language: "The
petition shall be signed [begin strikethrough]
signed and[end strikethrough] verified [begin
strikethrough]by each petitioner[end
strikethrough] as required by law and shall
contain. . ." Subdivision (a)(9) amended to
clarify contents of petition regarding status
of creditors' claims in summary administration