IN RE: AMENDMENTS TO the FLORIDA PROBATE RULES—2019 FAST-TRACK REPORT. (2020)

The Florida Bar's Probate Rules Committee (Committee) has filed a “fast-track” out-of-cycle report proposing amendments to the Florida Probate Rules in response to recent legislation. See Fla. R. Jud. Admin. 2.140(e)(1). We have jurisdiction ¹ and adopt the amendments as proposed.

The Committee proposes amendments to the following rules: 5.015 (General Definitions); 5.043 (Deposit of Wills and Codicils); 5.120 (Administrator Ad Litem and Guardian Ad Litem); 5.200 (Petition for Administration); 5.210 (Probate of Wills Without Administration); 5.215 (Authenticated Copy of Will); and 5.230 (Commission to Prove Will).

The Executive Committee of the Board of Governors of The Florida Bar unanimously approved the Committee's proposals. The Committee did not publish the proposals before filing them with the Court. After considering the Committee's proposals and the relevant legislation, we amend the Florida Probate Rules as proposed by the Committee. The more significant amendments are discussed below.

First, pertaining to rule 5.015, subdivision (b)(1) is amended to add “whether in paper or electronic form,” after “original” to make it clear that a “certified copy” can apply to electronic wills. See ch. 2019-71, § 37, Laws of Fla. (enacting § 732.526, Fla. Stat. (2019)). As amended, subdivision (b)(1) provides: “ ‘[C]ertified copy’ means a copy of a document signed and verified as a true copy by the officer to whose custody the original, whether in paper or electronic form, is entrusted.”

Second, rule 5.043 is amended to add language requiring that electronic wills, in addition to paper wills, be maintained in their original format for twenty years after submission. See ch. 2019-71, § 37, Laws of Fla. (enacting § 732.526, Fla. Stat. (2019)). Specifically, “including but not limited to an electronic will,” is added after “executed will or codicil.” As amended, the sentence reads: “Notwithstanding any rule to the contrary, and unless the court orders otherwise, any original executed will or codicil, including but not limited to an electronic will, deposited with the court ․ must be retained ․”

Accordingly, the Florida Probate Rules are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall take effect immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.²

It is so ordered.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

APPENDIX

FOOTNOTES

1.   See art. V, § 2(a), Fla. Const.

2.   All comments must be filed with the Court on or before March 31, 2020, with a certificate of service verifying that a copy has been served on the Committee Chair, Jeffrey Scott Goethe, Barnes Walker, Goethe, Perron & Shea, PLLC, 3119 Manatee Avenue West, Bradenton, FL, 34205-3350, and on the Bar Staff Liaison to the Committee, Krys Godwin, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, kgodwin@floridabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until April 21, 2020, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal) in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9, 2017). Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

PER CURIAM.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur.