IB Divisional Instructions

Probate

Ex-Parte/Uniform Motion Calendar/Special Set & Trial Instructions For Probate/Guardianship

"IMPORTANT UPDATE:

Division IB is NOW participating in Online Scheduling for hearings thirty (30) minutes or less.

Probate UMC & Ex-Parte Calendar:

"IMPORTANT UPDATE:

The Fifteenth Circuit has launched a new ex-parte calendaring app that will serve all probate divisions in South County, North County and West Palm Beach.

Prior to first use, users must create an account in the Court's Online Services (OLS) (current users can use their existing account).

The ex parte calendaring application can also be accessed by clicking the following link for our Online Scheduling System or by visiting www.15thcircuit and selecting "View All Web Applications" from within the Circuit Web Applications box”

Please send all proposed orders and judgments, and all courtesy copies of motions for special set hearings, memorandums, and case authority via the US Mail, unless instructed by the Judge or Judicial Assistant.

DO NOT send Orders to the Court by via email unless instructed.

Probate Ex-Parte Calendar is held Tuesday & Thursday @ 8:45 a.m., in Courtroom 6D. Uniform Motion Calendar (UMC) is held on Tuesdays, Wednesdays, and Thursdays. The hearings are not scheduled with the Judicial Assistant. The hearings are scheduled online using the UMC Online Scheduling Program or the Ex Parte scheduling program.   Accordingly, please send a courtesy copy of the motion and notice of hearing for all UMC matters, containing the name and docket number of your motion via the US Mail. Judge Cheesman will review all motions prior to the hearing. DO NOT SEND PROPOSED ORDERS IN ADVANCE OF THE EX PARTE HEARING. IN ADDITION, PLEASE DO NOT UPLOAD PROPOSED ORDERS THROUGH THE ONLINE CALENDARING APP WHEN SCHECDULING UMC OR EX-PARTE HEARING. BRING PROSPOSED ORDERS TO THE HEARING.

 Online Scheduling

If you resolve your motion prior to the hearing date please cancel online and send an email to CAD-DivisionIB@pbcgov.org.

All waivers, consents, renunciations and receipt of assets must be notarized.

Examples of Ex-Parte and UMC Matters:

Ex-Parte

  • Petition for Administration (with or without agreed order for PR Appointment)
  • Petition to Authorize Sale
  • Petition for Summary Administration
  • Petition to Extend Time
  • Petition to Determine Heirs (Uncontested)
  • Petition to Strike Claims ( Uncontested)
  • Petition to Determine Homestead or Exempt Property
  • Elective Share (Uncontested)
  • Petition for Distribution
  • Petition to Appoint Administrator ad Litem/Curator

Matters brought before the court must be noticed 5 days prior to the hearing for in-state residence and 10 days for out-of-state residence. The Notice of Hearing must be e-filed and a courtesy copy sent to the Judicial Assistant by email.

The following motions WILL NOT be heard at Ex-Parte or UMC:

  • Petition for Attorney, Guardian or Personal Representative Fees
  • Petition to Approve Minor's Settlement
  • Personal Representative or Guardian Discharge (Petition to Discharge) - mail in only, no special set required
  • Appointment of Emergency Temporary Guardian
  • Disposition of Personal Property Without Administration
  • All Evidentiary Hearings Petition for appointment of guardians

Special Set Hearings

  • Notice for Unavailability are required to be filed on all cases. 
  • Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.
  • Person requesting hearing must confirm availability with opposing counsel or pro se litigant before scheduling the hearing. 
  • Special set hearings are now scheduled using the Online Scheduling program for hearings thirty (30) minutes or less.  Once the hearing is scheduled , it cannot be cancelled except by further order of the Court unless the matter is settled (with an agreed order presented to Court) or withdrawn.
  • If the hearing is evidentiary, that must be noted on the proposed Order on Special Set Hearing.
  • Submit your proposed Order in advance of the hearing and in Word format to CAD-DivisionIB@pbcgov.org.
  • Failure to comply with these procedures will result in cancellation of your hearing by the Court.
  • Any hearing that requires thirty (30) minutes or more, please send your request to the Judicial Assistant with the amount of time requested for your motion and a copy of the motion (email your request). Judge Cheesman will review and decide whether the amount of time you are requesting is appropriate for your motion. The Judicial Assistant will contact you once Judge Cheesman has reviewed the motion.

Judge Cheesman will review all motions, memoranda of law (either in support or opposition to the motion), and case authority in advance of all special set hearings. Accordingly, all counsel/parties should provide courtesy copies of their special set motions, memoranda of law and supporting case law to the Court via the US Mail and designate the date and time of the hearing which they reference. Counsel/parties should highlight or otherwise mark the key language in the most pertinent and important cases and key exhibits for the court and opposing counsel. Please allow plenty of time if sending via US mail.

All parties and witnesses shall be physically present when testifying at a hearing or trial, unless approved for telephonic appearance, or otherwise directed by court order.  

Telephonic Appearance

Appearance by telephone is permitted at special set hearings/trials only with leave of Court, and in full compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451.  CourtCall.com is the service provider used for the purposes of scheduling and appearing at an evidentiary hearings or trial via telephone. 

To set a telephonic appearance for a hearing that is presently set, please go to CourtCall.com and/or call 1-888-882-6878 and follow the instructions.  A witness may testify by telephone only in strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451. Please note, if you are a witness or are planning to give testimony in your case, you must have a notary public present with you for the purpose of confirming your identification, and/or to swear the witness.

Fingerprinting-Electronic Only and Credit Reports for All Guardians

Prior to the appointment of a Guardian, all proposed guardians are required to submit to a Level 2 criminal background check and a credit report as required by Florida Statue 744.3135.

Professional guardians: if you are not currently in the clerk's database, you must also comply. Once in the database the records remain valid on file for two (2) years.

VISIT the FLORIDA DEPARTMENT OF LAW ENFORCEMENT WEBSITE FOR THE ENTIRE LIST OF LIVESCAN SERVICE PROVIDERS TO HAVE FINGERPRINT AND CRIMINAL CHECK DONE. Palm Beach Sheriff Department is another option for in state guardians, see special instructions for out of state guardians below.

You will need this ORI number for electronic transmission to the clerk: FL050063Z - professional guardians, FL050064Z- non professional guardians.

ALL FEES MUST BE VERIFIED WITH THE SHERIFF'S DEPARTMENT

FINGERPRINTING – Palm Beach County Sheriff's Departments:

14925 Cumberland Drive
Delray Beach, FL 33446
Tel.# 561-688-4760 or 561-688-4777

11498 Okeechobee Blvd.
Royal Palm Beach, FL 33411
Tel.# 561-790-5180 or 561-904-8290

1937 Q North Military Trail
West Palm Beach, FL 33409
Tel.# 561-688-3838 or 561-688-3839

Special Instructions for Out-of-State Guardians Only:

  1. The Guardian must go to a police station in their resident state to have their fingerprints done on a hard card.
  2. While at the police station, the Guardian must call a Florida approved livescan provider who has hard card scanning capabilities to obtain instructions to have the hard card scanned and transmitted to Guardian (see some FDLE approved centers below, entire list can be found at the Florida Department of Law Enforcement website.
  3. Florida Livescan center will then transmit to FDLE & FBI for processing using the circuit's ORI# FL050064Z. (Note- Livescan center charges for this service).
Company Contact Phone Email
123 Fingerprinting
Hard Card Scanning Capable
David Gibbons (407) 299-7328 info@123fingerprinting.com
#0000001
AAA DallasLiveScanFingerprinting.com (Texas)
Hard Card Scanning Capable
Neal Stout (214) 529-8157 nealstout6079@msn.com
#000001
Absolute Mobile Fingerprints and Out of State Card Scanning #1
Hard Card Scanning Capable
Jake Saliba (954) 980-8782 jake@mobilefingerprints.com
#00001
Advanced Mobile Fingerprinting and Notary
Hard Card Scanning Capable
Raj Shah (561) 612-7037 info@fingerprintsofpalmbeach.com
#0001
Livescan Pompano Fingerprinting
Hard Card Scanning Capable
Al Lang (954) 594-7536
(561) 292-5776
help@livescanpompano.com
#0001
Livescan Studio, Inc.
Hard Card Scanning Capable
Andrew Easler (855) 722-6695
(954) 317-1712
(352) 205-4623
info@fingerprinthelp.com
info@palmbeachscans.com
info@browardcountyscans.com
# A1 Florida Mobile Fingerprinting & Live Card Scanning, LLC.
Hard Card Scanning Capable
Susan Rathbone (904) 373-1953
(877) 373-1953
cardconversions@gmail.com
# Affordable Background Checks & DNA Testing Sean Daley (561) 574-5716
(954) 486-1127
seandaley17@gmail.com

CREDIT CHECK must include FICO SCORE: E-filed together with a notice of confidential filing

  • EXPERIAN
  • TRANSUNION
  • EQUIFAX

Emergency Motions

Motions for Emergency Hearing should be filed with the Clerk's eportal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." 

Notice/Motion to Set Cause for Trial

  • Notice for Unavailability are required to be filed on all cases. 
  • Original notice/motion to set cause for trial filed with Clerk's office.
  • Please adhere to all instructions in Administrative Order 5.209.
  • Judge must receive a courtesy copy of the notice for trial.
  • In cases where one side is represented by an attorney and the other side is pro se, the notice shall contain the e-mail address for the attorney and the physical street address for the pro se party. Submit the notice with a self-addressed stamped envelope stapled to the Notice for Trial for the pro se, and the trial order will be served via judicial e-service to the attorney and by U.S. Mail to the pro se party.
  • Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
  • You may obtain a trial date before completing mediation, but you must complete mediation prior to trial.
  • The original notice must be filed with the Clerk. A courtesy copy should be emailed to:CAD-DivisionIB@pbcgov.org. Trial Orders are served via email to all parties registered for e-service.
  •  CAUTION: Do not notice your case for trial unless both sides agree the case is trial ready. Continuances will only be granted if good cause is shown.

Service And Preparation Of Judgments And Orders

  • Proposed Orders, Motions, Memoranda, etc. are to be mailed via the US Mail or dropped off at 205 N. Dixie Highway, West Palm Beach, Florida 33401.
  • Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
  • Remember to leave a 3x3 inch blank space in the upper right hand corner for recording purposes.  The Clerk will not record your Final Judgment without this space.
  • Proposed order should include a cover letter specifying the date of the hearing.