VICTORIA L. GRIFFIN, CIRCUIT JUDGE GUIDELINES AND PROCEDURES FOR PROBATE/GUARDIANSHIP DIVISION AMENDED JANUARY, 2018 EFFECTIVE IMMEDIATELY

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1 VICTORIA L. GRIFFIN, CIRCUIT JUDGE GUIDELINES AND PROCEDURES FOR PROBATE/GUARDIANSHIP DIVISION AMENDED JANUARY, 2018 EFFECTIVE IMMEDIATELY Please review this procedural memorandum to familiarize yourself with the procedures before contacting the Judge s office. address for providing Probate checklists, petitions/motions, proposed order(s)/letters of Administration and hearing packets: Probate@circuit19.org address for providing Guardianship Petitions, Orders and hearing packets: Guardianship@circuit19.org Mailing address for Clerk of Court: Clerk of Court, Probate/Guardianship Division, P.O. Box 1028, Vero Beach, Florida DO NOT SUBMIT ORDERS/LETTERS WITHOUT CASE NUMBERS OR ADDRESSES FOR RETURN OF SERVICE COMMUNICATION WITH JUDGE S OFFICE: Please do not ask the Judicial Assistant or other Court personnel to communicate any messages to the Judge. This is prohibited ex parte communication. The Court s staff is not permitted to relay ex parte information to the Judge. S: s must contain the county designation of IRC, case number, case name, subject matter and relevant details. The Court requires e mail subject lines to contain the case number and last name(s) (e.g. IRC16CP1234, SMITH Formal Admin). Please ensure that any and all e mails are also copied to all opposing counsel and/or pro se parties and indicate same in the body of your e mail to prevent ex parte communication to the Court. It is not necessary to send multiple e mails regarding the same subject matter. This creates confusion and takes up valuable time. A response to your e mail will be forthcoming at our earliest convenience. E mail chains: PLEASE do not include this office in e mail chains that do not require action by the Court. An attempt to resolve issues must be made prior to contacting the Court. PHONE CALLS: If you call and receive a voic , please do not leave more than one (1) message for the Judicial Assistant. Please do not leave a voic message and send an e mail. Do not call or the Judicial Assistant to ask if orders have been entered as this information is available online at the Clerk s office website at: river.org. PROBATE/GUARDIANSHIP DIVISION PROCEDURES: Probate/Guardianship divisions are completely paperless with the exception of documents which are required to be manually filed with the Clerk of Court. The mailing address for the Clerk of Court is listed above.

2 This office will issue Orders/Letters via e portal only. Do not submit proposed Orders/Letters to the Judge by e portal. Follow the instructions below for submitting documents/orders via e mail. Do not submit orders without case numbers. The case number MUST INCLUDE the county designation number for Indian River County; e.g CP or GA SUBMITTING DOCUMENTS TO THE COURT PROBATE OR GUARDIANSHIP When submitting multiple documents to the Court, each document must be submitted as a separate document. The document must be named as something searchable, (e.g. short case #, IRC15CP123, last name and short name of order, {e.g. Letters, O Admit Will Appt PR, etc}.) The Court requires e mail subject lines to contain the case number and last name(s). The service list must clearly state the correct attorneys/parties with an e service address for all recipients. It is the responsibility of the moving party to provide copies to any person without an address listed. Original documents and monies are NOT to be sent to the Judge s office, and the Judge s office takes no responsibility for such items. OPENING/CLOSING PROBATE ESTATES AND HOMESTEAD PETITIONS: Checklists are required for both opening and closing estates, as well as petitions to determine homestead. The following checklists are posted on Judge Griffin s webpage at: under DOCUMENTS : 1) Opening a Formal Administration 2) Closing a Formal 3) Summary Administration 4) Disposition of Personal Property Without Administration 1) Homestead Stand Alone 2) Homestead Formal Administration 3) Homestead Summary Administration Note: The acreage size of the real property, as well as whether the property is located within or outside of a municipality must be included in the petition for homestead. Attorneys must verify completion and correctness of the checklists by personal signature. No signature stamps are allowed. Once the checklist is complete, the attorney s office shall submit via e mail only: 1) Completed checklist(s); 2) Petition(s) in PDF format; 2) Proposed Orders/Letters in WORD format with 14 digit case number filled in; 3) A description of the documents being provided, as well as the action you wish to be taken. WHEN A BOND IS REQUIRED An appropriate bond will be required on all estates with a foreign personal representative regardless of waiver in the Will. Cash bonds may be deposited with the Clerk of Court with the applicable registry fee. Please contact the Clerk of Court, Probate Division for information. The original Surety Bond must

3 be filed with the Clerk of Court after your client has signed the Bond. The Clerk will forward the Bond to Judge Griffin for signature. Your copy of Letters will be provided by eservice. Certified copies may be obtained from the Clerk of Court. SUBSEQUENT ADMINISTRATION: If you petition to re open a formal estate to distribute newly discovered asset(s) you must use, or incorporate the language from the Order Authorizing Subsequent Administration found on the Court s website under DOCUMENTS. SETTING HEARINGS FOR PROBATE AND GUARDIANSHIP: To set a hearing contact the Judicial Assistant at: to obtain hearing dates and times. Make sure you request enough time for all parties to be heard. Once all parties have agreed upon a date and time, please confirm with the Judicial Assistant as soon as possible. Hearings are set on a first come, first served basis. You may not piggyback a motion on another attorney s hearing time unless you have permission from the scheduling attorney and the Court. No additional time will be allotted to the already scheduled hearing unless it is available. PROBATE AND GUARDIANSHIP MOTIONS/PETITIONS THAT REQUIRE HEARING: At least 5 working days prior to the scheduled hearing, please provide the Judge s office with the notice of hearing, hearing packet, and proposed orders by to: probate@circuit19.org for probate matters, and guardianship@circuit19.org for guardianship matters. Any document/hearing packet submitted that is larger than 20 pages must also be submitted in hard copy to the Judge s office at least 5 working days prior to the scheduled hearing. Proposed orders must be submitted in WORD FORMAT. It is the responsibility of the moving party to provide orders to any parties without service addresses. Please do not submit orders at scheduled hearings. If an order is not provided via at least (5) five working days prior to the hearing, it must be submitted via immediately after the hearing. EMERGENCY HEARINGS FOR PROBATE AND GUARDIANSHIP: If an emergency arises, counsel may request that a hearing be set on short notice. The body of the motion must contain a detailed explanation of the circumstances constituting the emergency, as well as the substance of the motion. The motion must be e mailed to the Court to: probate@circuit19.org or guardianship@circuit19.org, before a hearing will be set. The Court will review the motion and, if it is determined an emergency exists, the Judicial Assistant will contact moving counsel to set a hearing. In light of the short setting, opposing counsel may attend the hearing via CourtCall telephonic appearance if their schedule will not allow them to appear in person. Please note in the subject line of your that this is an EMERGENCY, (e.g. IRC16GA123, SMITH EMGCY MOTION) This will alert the judicial assistant to process the immediately. TELEPHONIC APPEARANCE IN NON EVIDENTIARY HEARINGS: The Court will allow telephonic appearances for NON evidentiary hearings. You must contact CourtCall at at least 5 working days in advance of the date of the hearing to set up the telephonic appearance.

4 CANCELLATION OF HEARINGS: You must notify the Court by telephone if you cancel a hearing. Only the attorney setting the hearing will be allowed to cancel. GUARDIANSHIP INCAPACITY PROCEEDINGS: The Incapacity case and the Guardianship case will have separate case numbers Prior to contacting the Judicial Assistant for hearing time, please submit the following to the Court via e mail to Guardianship@circuit19.org: 1) Copy in.pdf format of your Petition to Determine Incapacity 2) Order Appointing Attorney/Elisor 3) Order Appointing Examining Committee Please contact the Judicial Assistant by telephone to obtain a hearing date for the Incapacity hearing for your Notice of Petition to Determine Incapacity. The executed, original Notice of Petition to Determine Incapacity is e filed through the e portal in the Incapacity case only. The Clerk of Court, nor the Judicial Assistant, mail out copies to interested parties. At least five days prior to the hearing, please submit via e mail to guardianship@circuit19.org: 1) Copy in.pdf format of your Petition to Appoint Guardian(s), Application for Appointment of Guardian(s) and Oath of Guardian(s) 2) Proposed Order for Compensation of Examining Committee** 3) Proposed Order Determining Incapacity 4) Proposed Order Appointing Guardian(s) 5) Proposed Letters of Guardianship Any information that can be filled in by your office, please do so before submitting to the Court. Please fill in the complete case number (312016GA000001) and e mail service addresses on all proposed orders. It is the responsibility of the moving party to provide copies to any person without an address. Copies will be provided via e portal only. The Clerk is required by statute to send notice to the Examining Committee members no later than 3 days after being appointed by the Court. You are required to provide the clerk with three copies of the following: 1) Notice of Petitions to Determine Incapacity and for the Appointment of Guardian with hearing date (Contact the Judicial Assistant by telephone to obtain a hearing date for the notice) 2) Order Appointing Examining Committee 3) Petition to Determine Capacity 4) Petition Appointing Guardian 5) Petition to Appoint Emergency Guardian (if applicable) The Petitioner s attorney will also need to provide to the Clerk addressed envelopes with sufficient postage to mail out notice to the Examining Committee Members.

5 **Please refer to Administrative Order for the order for compensation of the examining committee. You will find it on the circuit website at: under Administrative Orders. GUARDIANSHIP MOTIONS/PETITIONS THAT DO NOT REQUIRE A HEARING: Submit to Guardianship@circuit19.org a.pdf of the filed motion/petition and any supporting document(s), along with the appropriate order(s) in WORD format. Please make sure service addresses are provided in your order(s). Service of orders will be by e portal only. It is the responsibility of the movant to provide a copy of an issued order to persons without an service address. It is not necessary to orders approving Guardianship Plans/Accountings as the Clerk of Court will generate and submit the order to the Court upon completion of their review. THESE PROCEDURES ARE SUBJECT TO CHANGE UPDATED PROCEDURES WILL BE POSTED ON THE COURT S WEBSITE

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