PROBATE RULES
Probate rules are the guiding principles that are used in the probate process where sharing of someone’s estate upon their demise are distributed among beneficiaries and kinsmen. The rules are guidelines and come in different categories depending on the specific issue that they are targeting.
According to Florida rules, attorneys are required to represent each and every guardian unless they are lawyers who are practicing and in these cases have the mandate to represent themselves. When an attorney begins the proceedings in the capacity of representing a client, he or she should be there all the way until the end of the estate sharing. They should be present to all other subsequent hearings that concern the probate process. This can however be avoided if he or she specifies from the beginning to the court that they act in capacity of representation only for specific hearings. This is the only time that an attorney can withdraw from the case after issuing a notice to both the court and client or interested persons.
NOTICES
Giving of notices is something that is guided in the law. There are formal rules on notices where one is required to serve all interested persons with the motion and distributed within a time period of twenty days and this does not include the day of hearing. The original defenses are to be written by the court clerk and be ready before or after the service. This comes with the task of notifying the individuals served that if they failed to serve their written defenses their case would either be dropped or they would be judged harshly. Formal notices are usually followed by informal notices that are issued to interested persons within a limited time period.
Giving of notices is something that is guided in the law. There are formal rules on notices where one is required to serve all interested persons with the motion and distributed within a time period of twenty days and this does not include the day of hearing. The original defenses are to be written by the court clerk and be ready before or after the service. This comes with the task of notifying the individuals served that if they failed to serve their written defenses their case would either be dropped or they would be judged harshly. Formal notices are usually followed by informal notices that are issued to interested persons within a limited time period.
In the case where informal notices for petitions are needed then they shall be served as is in line with the law. Also it should be known that formal notices are not mandatory unless with the direction of the courts. It is ruled that any proceedings and documents shall be offered to the interested persons unless the court deems different, the age of the individual notwithstanding.
MAGISTRATES
On the aspects of magistrates, the probate rules are also involved. There are different grouping of magistrates involved in the proceedings of the probate process. The general magistrates are appointed by the court after necessary determination. They are required to serve in the board until the process is complete. This they do after taking an oath of office. Sometimes there arise special duties which are then handled by specially appointed magistrates as the court seems fit. Parties involved are required to consent before any reference is made to any magistrate. In this same line, the magistrates are bound by the directives of the court act and thus recognized by the law. This means that no judge is capable of demeaning the magistrate’s decisions. Their duties are within the law.
APPEALS
Sometimes the probate process may not be in agreement with everyone. This means that there must be room for appeal and as a result, a rule to this line was put in place. Final orders can be appealed since it is provided within the law. Rules on curators state that petitions shall be verified to contain the petitioner’s name, address and interest in the estate. Also the descendant’s name, address, date of death and place. Beneficiaries’ names and addresses, nature and value of assets, statement of venue, the statement indicating the need of a curator and finally the reasons of choosing the proposed curator should be clearly indicated.
Probate rules are numerous and each focuses on the specific aspect of the probate process. It is thus important to know what applies to you.
