2007 Amendments to Florida Probate Rules
In re Amendments to Florida Probate Rules, --- So.2d ----, 2007 WL 268753 (Fla. Feb 01, 2007)
To those of us who live in this world, new probate rules are yet another piece of the puzzle to keep up with. So here you are. Below is the Florida Supreme Court's preamble and order making the changes effective immediately.
PER CURIAM.
This matter is before the Court for consideration of proposed amendments to the Florida Probate Rules. We have jurisdiction. See art. V, § 2(a), Fla. Const.
On October 30, 2006, the Florida Probate Rules Committee (Committee) filed a fast track report recommending various amendments to the Florida Probate Rules in response to 2006 legislation. The Committee has proposed amendments to a number of rules, mostly in response to statutory changes made by chapters 2006-77 and 2006-178, Laws of Florida. Chapter 2006-77 became effective June 6, 2006, and chapter 206-178 became effective July 1, 2006. In addition, the Committee has recommended amendments to several rules in order to reflect the recent renumbering of the Florida Rules of Judicial Administration. See In re Amend. to Fla. Rules of Jud. Admin., 939 So.2d 966 (Fla.2006). All proposed amendments were approved by unanimous vote of the Committee and the Executive Committee of The Florida Bar Board of Governors. The Committee published the proposals in the November 1, 2006, edition of The Florida Bar News, with a request that comments be filed directly with the Court. No comments have been filed.
Accordingly, upon consideration of the Committee's report and the relevant legislation, we hereby amend the Florida Probate Rules as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective immediately.
It is so ordered.
I was among the Probate Rules Committee members who worked on the amendments (many of whom put in a lot more time than I did.) As the court opinion notes, the amendments were primarily to conform to 2006 legislative changes, especially in the guardianship statutes. Many of the changes are to the committee notes only.
For guardianship practitioners, Rule 5.685 is new and is based upon new statutes 744.331 and 744.462, both of which now require allegations concerning the existence of a revocable living trust or power of attorney as an alternative to guardianship. I have at least one case where I think that this would have ended the guardianship in the beginning, as least as to property issues.
There are also a few clarifications in the notes by the committee to confirm that the rules are not intended to contradict or overrule particluar cases or statutes.
They're worth looking at (and keeping with your copy of the rules). Thanks to Juan for posting the notice.
Jeff -
Thanks for highlighting new guardianship Rule 5.685, and taking the time to share your comments. I'm going to email your comment to my partners to make sure we're all aware of this new rule.
Regards. Juan.