IY Divisional News

Family Law Division "FX":  E-mail address is CAD-DivisionFX@pbcgov.org

Probate Law Division "IY":  E-mail address is CAD-DivisionIY@pbcgov.org

IMPORTANT UPDATE:

**PROBATE CHECKLISTS NOW AVAILABLE**

Digital Probate Checklists are now available in the 15th Circuit's Online Services System ("OLS").

Digital Checklists eliminate the need to schedule ex-parte hearings, or even come to the courthouse.

Additionally, they limit the constant flow of paper back and forth between the probate divisions and the case managers.

Digital Checklists also comply with Supreme Court Administrative Order AOSC19-74.

All lawyers are encouraged to use Digital Checklists now to help identify any technical or operational issues prior to the hard launch date, after which they will be the required method of submission.

How Does It Work?

To Submit an Order:

As an example, below are the steps to submit an Order for Testate Summary Administration

  • Log into the 15th Circuit's OLS
  • In OLS, create the appropriate order one of three ways:<
    1. Click on the "Submit Order From Template" button;
      • Select the Generic Order template, and type in the text of your order; or
    2. If you have previously drafted the order in Word offline, cut and paste the order text into the body of the Generic Order template.
      • Follow the instructions on the screen and complete.
      • Click "Submit" to send the order to the judge.
    3. In OLS, click the "Submit Proposed Order" button;
      • Browse your computer and select, then upload the order;
      • Review the document and make any format adjustments necessary prior to submission.
      • Follow the instructions on the screen to submit the order to the court.

To Submit a Digital Probate Checklist:

  • In OLS, click on the "Submit Order From Template" button;
  • Select the appropriate probate checklist from the dropdown menu.
  • Populate the checklist completely and accurately.
  • Follow the instructions on the screen and complete.
  • Click "Submit" to send the order to the judge.

We realize that the current paper process can cause delays in processing these orders, which impacts families at the worst time when they are dealing with the death of a loved one. Digital Checklists are intended to expedite the receiving, processing, filing and service of these orders.

For additional information on court provided digital training resources visit the Circuit's YouTube channel, CourtHelp4U.

IMPORTANT:

ALL PROPOSED ORDERS FOR PROBATE CASES SHOULD BE SUBMITTED DIRECTLY THROUGH THE OLS SYSTEM AND SHOULD NOT BE SENT TO THE JUDGE'S CAD DIVISION EMAIL OR VIA US MAIL. PLEASE SEE SUPREME COURT ADMINISTRATIVE ORDER AOSC19-74 WHICH DISCUSSES TRANSITION TO A "FULLY ELECTRONIC ENVIRONMENT THAT IS LARGELY PAPERLESS."

PLEASE NOTE:
Documents without a checklist may be forwarded to the case manager for review in the ordinary course. Incomplete or inaccurate checklists will be returned with a deficiency or rejection memorandum in the ordinary course. To avoid unnecessary delays in processing your paperwork, please ensure all checklists are accurate and complete.

DEFICIENCIES:
If you receive a Deficiency or Rejection Memorandum, Status Order, or other Order of Deficiency, you may avoid an ex-parte hearing by curing your deficiency immediately and filing all necessary documentation to show the deficiency has been cured.  Once ALL the cited deficiencies have been cured and related documents have posted on the docket, please send your proposed order(s) through OLS with a notation that all deficiencies have been cured.

EFFECTIVE AS OF 8/14/19:

ATTORNEY/GUARDIAN FEES:

The court must consider the criteria defined in FL STAT §744.108 when reviewing Attorney and Guardian fees requests; therefore, all fee petitions should include the nature and value of the Ward's assets at the time of filing the fee request, the monthly income earned and the monthly expenses of the Ward. 

***ONLINE SCHEDULING IS NOW AVAILABLE FOR UMC AND SPECIAL SET HEARINGS

in FAMILY DIVISION "FX" AND PROBATE DIVISION "IY"***

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

The UMC and SPECIAL SET calendaring application can be accessed by visiting www.15thcircuit.com and selecting "View All Web Applications" from within the Circuit Web Applications box.

You may upload your Notice of Hearing, Motion, and Additional Documents for the Court's review prior to the scheduled hearing. **DO NOT UPLOAD ORDERS**  **PLEASE BRING ALL PROPOSED ORDERS TO THE COURT HEARING FOR THE JUDGE'S SIGNATURE.**  If you would like a conformed copy of the order please bring additional orders.

INSTRUCTIONS FOR SPECIAL SET HEARINGS - Family Division "FX" and Probate Division "IY"

Family Division "FX" and Probate Division "IY" are now participating in Online Scheduling for Special Set Hearings for hearings thirty (30) minutes or less.

**Please contact the Court's judicial assistant for special set hearings that require one (1) hour or longer.

Accordingly, please mail courtesy copies of documents larger than ten (10) pages (ex.: motions, memorandum of law and legal authority) for Special Set Hearings to the Court for review in advance of all hearings.   Judge Burton will review all motions, memorandum of law and legal authority prior to all Special Set Hearings.

EX-PARTE CALENDARING APP

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

All ex-parte dates  must be requested in the new system, which is accessible by clicking the same link below.

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

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

Formatting Documents

All recorded documents (including final judgments) must provide a 3x3 space in the upper right hand corner. The Clerk of Court will no longer accept documents for recording without this space. Please see Rule 2.520, and MyPalmBeachClerk.com. You may also contact the Clerk of Court for further information as to the specific documents required.

Local Rule 4

Strict compliance with amended Local Rule 4. Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve. See amended Local Rule 4.

Self-Represented Parties (Pro Se)

If you are a self-represented pro se party (with no attorney), you must contact the Family Court Case Manager for questions and guidance regarding your case.

ODD last number of case no., at 561-330-1775

OR

Erika Ireland, (EVEN last number of case no.), at 561-330-1733

Do Not Send Letters, Emails or Notes To The Court

The Court does not act on letters, notes or emails sent by either party. The Court acts on petitions or motions properly filed with the Clerk of the Court. File the appropriate petition or motion with the Clerk of the Court, send a copy to the opposing side and a courtesy copy to the Court in order for requests to be addressed by the Court. All documents emailed to the Court must state that they were emailed to the opposing side in the same email or they will be returned as ex parte communication.

FOR ADDITIONAL INFORMATION PLEASE SEE THE COURT'S DIVISIONAL INSTRUCTIONS.