THE HONORABLE CAROLINE TESCHE ARKIN
Many hearings will be held remotely, via ZOOM. Certain cases will, however, require “in-person” attendance. **Note: Any Emergency Hearings, including Emergency Temporary Guardianship Petitions and Vulnerable Adult Petitions will be conducted in person, with the counsel’s and parties’ presence required**
You are instructed to follow the request in the Notice of Hearing. The Court's Zoom link https://zoom.us/j/2902952375 and Zoom Meeting ID is 290 295 2375. The Zoom App is available for FREE for IOS and Android devices, and it may also be accessed via desktop or laptop computer. The Zoom Help Center is at https://support.zoom.us. Please visit the courts website for additional information and video conferencing tips. **Please input your actual name for the video conference or change the name of your device**
Please have a photo ID to present over the video conference. In the event that your Zoom link is not functioning, and you have exhausted multiple attempts to join the Hearing via Zoom, as last resort, please call 1-786-635-1003 and enter Zoom Meeting ID 290 295 2375. Login no later than 5 minutes before the start of the hearing.
PROBATE/GUARDIANSHIP/MENTAL HEALTH DIVISION “B”
The following documents no longer need to be originals and should not be mailed to the Clerk’s office:
- Certified copies of Death Certificates can be e-filed.
- Oath of Guardian and Designation of Resident Agent and Acceptance can be e-filed.
- Oath of Personal Representative and Designation of Resident Agent and Acceptance can be e-filed
PROBATE DIVISION “B” IS PAPERLESS. PLEASE DO NOT SEND IN HARD COPIES OF ORDERS TO BE SIGNED. ALL ORDERS MUST BE FILED THROUGH THE E-PORTAL ******PLEASE LOOK FOR PROBATE DIVISION “B”****** TO FILE YOUR ORDER IN THE PROPER DIVISION. The following link will help you upload your orders correctly to any division or department in Hillsborough County. Uploading Orders & Exhibits to E-Filing Portal
On all Petitions for Approval of Settlement and /or Petitions for Approval of Minor Settlement, the closing/settlement documents must be attached to the petitions. If there is a request for confidentiality, the documents shall be emailed to the Judicial Assistant probatedivisionb@fljud13.org for the court to review in camera.
– Attorneys: Please do not upload any orders until all required documents have been filed in the Court file. Please wait 3 business days after filing through the e-portal or submitting original documents to upload the Order to allow time for the Clerk’s office to docket same. Any Orders uploaded without compliance with the above requirements having been met will be rejected by the Clerk’s office and removed from the judge’s work queue.
– Documents filed in response to an Order to Show Cause MUST be filed no later than 5 business days prior to the hearing. Documents filed after this date will result in cancellation of the Order to Show Cause Hearing. NOTE: This includes petitions and orders to extend time.
– For Incapacity hearings, please notify the division at least 3 business days prior to the hearing if you will or will not be providing a court reporter. Failure to notify the judge’s office AND failure to provide a court reporter will result in cancellation of the scheduled hearing.
– The parties are required to attend mediation prior to attending any hearing for 2 hours or more. Failure to attend mediation shall result in cancellation of the hearing.
– Attorneys must submit all case law authority being cited or relied upon at all contested hearings. You can email to probatedivisionb@fljud13.org and please put the case number and name and when the hearing is set for in your email. CASE LAW MUST BE SUBMITTED AT LEAST 3 DAYS BEFORE HEARING.
– ALL EXHIBITS INTENDED TO BE INTRODUCED IN HEARING/TRIAL MUST BE SUBMITTED NO LATER THAN 3 DAYS BEFORE HEARING/TRIAL AND BE SUBMITTED IN A BINDER WITH AN INDEX AND TABBED.
– Every Order that is uploaded to e-portal as a result of a hearing MUST include the date of the hearing in the opening paragraph of the Order and SHOULD NOT be uploaded more than 2 days before the hearing. If an Order is uploaded more than 2 days in advance of a hearing, the Clerk of the Circuit Court will reject and remove the Order. Probate Division B is electronic, and ALL Orders MUST be uploaded to the e-portal - see www.fljud13.org PLEASE DO NOT MAIL IN HARD COPIES OF PROPOSED ORDERS.
– The preferred method for scheduling in Probate Division B is by logging into JAWS and selecting the date and time that works for all parties. Please email a courtesy copy of the Notice of Hearing after it has been e-filed onto the case to probatedivisionb@fljud13.org
JAWS will have “15-MIN/CMC/UMC, UMC’s, Approval of Settlements, 15, AND 30” times available. 1-HOUR HEARINGS OR LONGER MUST BE SET WITH THE JA AND WILL BE “IN-PERSON” ONLY. Please email the division at: probatedivisionb@fljud13.org with your request for extended hearing times. If any case has opposing counsel/parties- they MUST be copied on any emails to the division.
PLEASE FILE YOUR “NOTICE OF HEARING” W/ ZOOM INFORMATION or ON-PERSON indication listed on the Notice.
– All Orders MUST carry something of substance on the judge’s signature page,- i.e., no hanging signatures.
– A hearing is not required to approve a minor’s settlement provided all conditions precedent have been met, including, but not necessarily limited to:
- Appointment of a Guardian Ad Litem to review the proposed settlement.
- Filing of the Guardian Ad Litem’s Report.
- Appointment of a Guardian of the Property, Issuance of Letters of Guardianship and Designation of Depository Account, when applicable.
- Waiver of Hearing by all Interested Parties
If all procedural statutory requirements have been met, and there is no objection to the settlement by an Interested Party, proposed orders may be uploaded to the E-Portal for entry without the necessity of a hearing.
ADDITIONAL REQUIRED DOCUMENTS FOR PROBATE MATTERS
FORMAL ADMINISTRATION
If the decedent died less than two years before the date of filing, the petition for administration must be accompanied by a paid funeral bill or other satisfactory proof that the funeral expenses have been paid. All petitions for administration in intestate estates must be accompanied by an affidavit of heirs.
In addition to the requirements listed above, all signatures related to petitions for administration filed pro se must be notarized.
SUMMARY ADMINISTRATION
If the decedent died less than two years before the date of the filing, the petition for summary administration must be accompanied by a paid funeral bill or other satisfactory proof that the funeral expenses have been paid. All petitions for summary administration in intestate estates must be accompanied by an affidavit of heirs.
In addition to the requirements listed above, all signatures related to petitions for summary administration filed prose must be notarized.