THE FLORIDA BAR RE EMERGENCY AMENDMENTS TO FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE
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The Florida Supreme Court adopted emergency amendments to the Florida Rules of Probate and Guardianship Procedure, addressing matters inadvertently omitted in a prior amendment and reconsidered by the rules committee. The Court made temporary procedural rules from various Florida Statutes chapters effective immediately and amended Rule 5.340 regarding estate inventory requirements, effective January 1, 1985.
The Court adopted the recommendations of the probate and guardianship rules committee, making procedural portions of Florida Statutes chapters 731-735, 737-738, and 744 temporary rules of procedure effective immediately. Rule 5.340(a) was amended to require personal representatives to file estate inventories within 60 days after issuance of letters, with real property appearing to be homestead property specifically designated.
[1] Procedural portions of Florida Statutes chapters 731 through 735, 744, 737, and 738 are adopted as temporary rules of procedure.
[2] Temporary rules of procedure are effective immediately upon the filing of the opinion adopting them.
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Join FLexlaw to unlock all legal intelligence“Those portions of chapters 731 through 735, Florida Statutes (Florida Probate Code), chapter 744, Florida Statutes (Florida Guardianship Law), chapter 737, Florida Statutes (pertaining to trust administration), and chapter 738, Florida Statutes (pertaining to principal and income) which are procedural are hereby adopted as temporary rules of procedure of this Court.”
Establishes the scope of temporary procedural rules adopted from statutory provisions
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Join FLexlaw to unlock all legal intelligenceThe probate and guardianship rules committee had previously filed amendments to the rules of probate and guardianship procedure (approved September 13…
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PER CURIAM.
We recently approved numerous changes to the rules of probate and guardianship procedure. The Florida Bar in re Amendment to Rules — Probate and Guardianship, 458 So. 2d 1079 (Fla.1984). The probate and guardianship rules committee has now filed an emergency petition regarding one matter inadvertently omitted previously and another matter which the committee has reconsidered. We adopt the recommendations of the committee and enter the following orders.
Those portions of chapters 731 through 735, Florida Statutes (Florida Probate Code), chapter 744, Florida Statutes (Florida Guardianship Law), chapter 737, Florida Statutes (pertaining to trust administration), and chapter 738, Florida Statutes (pertaining to principal and income) which are procedural are hereby adopted as temporary rules of procedure of this Court. The probate and guardianship rules committee is directed to study these temporary rules and to incorporate recommendations regarding them into the next quadrennial review of the probate and guardianship rules. These temporary rules of procedure will be effective immediately upon the filing of this opinion.
Paragraph (a) of rule 5.340 and the committee notes and rule history of rule 5.340, as set out in our opinion of September 13, 1984, are amended to read as follows, effective 12:01 a.m., January 1, 1985:
(a) Contents and filing. The personal representative shall file an inventory of the estate as required by law. within 60 days after issuance of letters. The inventory shall list the estate with reasonable detail and include for each listed item its estimated fair market value at the date of the decedent’s death. Real property appearing to be homestead property shall be listed and so designated.
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Committee Notes
Inventories are still required to be filed. Once filed, however, they are subject to the confidentiality provisions found in subsection 733.604(4), Florida Statutes (Supp.1984).
Constitutional homestead real property is not necessarily a probatable asset (See Basic Practice Under Florida Probate Code, 2d Ed. (1981), pp. 718-721). Disclosure on the inventory of real property appearing to be constitutional homestead property informs interested persons of the homestead issue.
Interested persons are entitled to reasonable information about estate proceedings on proper request, including a copy of the inventory, an opportunity to examine appraisals, and other information pertinent to their interests in the estate. The personal representative must also send serve a copy of the inventory to on the Florida Department of Revenue. § 193.052, Fla.Stat. (Supp. 1984).
Rule History
1980 Revision: Eliminated the time limit in requesting a copy of the invento ry by an interested person or in furnishing it by the personal representative.
1984 (First) Revision: Extensive changes. Committee notes revised.
1984 (Second) Revision: Paragraph (a) modified to clarify or re-insert continued filing requirement for inventory.
We refuse the committee’s request to republish the entire current set of the probate and guardianship rules merely to insert these changes.
It is so ordered.
ADKINS, Acting C.J., and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
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In re Amendments to the Florida Probate Rules, 584 So. 2d 964 (Fla. 1991)…Part III applies to guardianship alone, and Part IV applies to expedited judicial intervention concerning medical treatment procedures. The Florida Rules of Civil Procedure apply only as provided herein. Committee Notes In the opinion reported at 460 So. 2d 906, the Florida Supreme Court directed the Probate and Guardianship Rules Committee to study the statutes and attempt to identify those portions of the Florida Probate Code, the Florida Guardianship Law, and other statutes that contained procedural pro…
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The Fla. Bar. in re Rules of Probate & Guardianship Procedure, 531 So. 2d 1261 (Fla. 1988)…h were submitted by interested members of the Bar and members of the judiciary. The committee also points out that pursuant to this Court’s direction in The Florida Bar Re Emergency Amendments to Florida Rules of Probate and Guardianship Procedure, 460 So. 2d 906 (Fla.1984), it has endeavored to identify those portions of the Florida Probate Code which contain procedural provisions and to include within the proposed amendments rules incorporating those procedures. Because of its understanding that the legisl…1 / 2
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Scutieri v. Est. OF Phil Revitz, 510 So. 2d 1003 (Fla. 3d DCA 1987)…icle V, Section 2(a) of the Florida Constitution because it was adopted as a temporary, and still effective, rule of procedure by the Florida Supreme Court, The Florida Bar Re Emergency Amendments to Fla. Rules of Probate and Guardianship Procedure, 460 So. 2d 906 (Fla.1984), and does not otherwise conflict with any rule in the Florida Rules of Probate and Guardianship Procedure. Compare Z & O Realty Assocs., Inc. v. Lalcow (Fla. 3d DCA 1987) (case no. 86-2435, opinion filed June 23,1987). Third, the trial…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Fla. Bar re Amendment to Rules-Probate & Guardianship, 458 So. 2d 1079 (Fla. 1984)