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Procedures/Preferences

-Please do not upload any orders to E-Portal 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.  Upload all orders in PDF format NOT MS Word.


-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. Division A is electronic and ALL Orders MUST be uploaded to E-Portal- see www.fljud13.org  PLEASE DO NOT MAIL IN HARD COPIES OF PROPOSED ORDERS.


-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 not result in cancellation of the Order to Show Cause Hearing. NOTE: This includes petition and order extending time.

 

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 must be notarized.


PROBATE/GUARDIANSHIP/MENTAL HEALTH DIVISION “A”

 

The following documents no longer need to be originals and should not be mailed to the Clerk’s office:

 

1. Certified copies of Death Certificates can be e-filed.

2. Oath of Guardian and Designation of Resident Agent and Acceptance can be e-filed.

3. Oath of Personal Representative and Designation of Resident Agent and Acceptance can be e-filed

 

ALL ORDERS NEED TO BE FILED THROUGH THE E-PORTAL ******PLEASE LOOK FOR PROBATE DIVISION “A”******* TO FILE YOUR ORDER

 

PROBATE DIVISION “A” IS PAPERLESS.  PLEASE DO NOT SEND IN HARD COPIES OF ORDERS TO BE SIGNED.  ALL ORDERS MUST BE UPLOADED THROUGH THE E-PORTAL to “PROBATE DIVISION “A”   Please be sure to check that it is the correct Division.

 

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 probatedivisiona@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 not result in cancellation of the Order to Show Cause Hearing. NOTE: This includes petition and order extending 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 hand deliver or mail to Probate Division A and please put the case number. CASE LAW MUST BE SUBMITTED AT LEAST 5 BUSINESS DAYS BEFORE HEARING.

 

ALL EXHIBITS INTENDED TO BE INTRODUCED IN HEARING/TRIAL MUST BE SUBMITTED NO LATER THAN 5 BUSINESS 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 A 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 A is by email request rather than telephone.  Please email probatedivisiona@fljud13.org only after checking JAWS.  JAWS will have “Zoom UMC’s, Approval of Settlements, 15, 30, 1hour Daily” times available. If any case has opposing counsel/parties- they MUST be copied on any emails to the division.

 

– 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:

1.    Appointment of a Guardian Ad Litem to review the proposed settlement.

2.    Filing of the Guardian Ad Litem’s Report.

3.    Appointment of a Guardian of the Property, Issuance of Letters of Guardianship and Designation of     Depository Account, when applicable.

4.    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.