Detailed Answer
In Florida probate proceedings, a subpoena duces tecum is a court order that compels a person or entity to produce documents or records relevant to the administration of an estate. You can use this tool to obtain bank statements, insurance policies, appraisal reports or any other records the personal representative needs to settle debts, distribute assets and close the estate.
Legal Basis
Florida’s probate rules incorporate the rules governing subpoenas in civil cases:
- Florida Rule of Civil Procedure 1.410 (Subpoena): Rule 1.410
- Florida Rule of Judicial Administration 2.510 (Service of Subpoenas): Rule 2.510
- Florida Probate Rule 5.030 (Subpoena): see Official Probate Rules
Step 1: Draft the Subpoena
Use the statewide subpoena form (Form AO 187) or a locally approved version. Include:
- The probate case title and docket number.
- The name, address and role of the person requesting the records (personal representative or attorney).
- A clear description of the records sought (e.g., monthly bank statements for Account No. XXXX for January–December 2023).
- The date, time and place for production (usually the clerk’s office or counsel’s office).
Step 2: File and Serve the Subpoena
File the original with the probate clerk and pay any required fee. Then serve the subpoena under Rule 2.510:
- Personal service on a corporate custodian of records must be by designated officer or registered agent.
- Proof of service (affidavit) must be filed with the court.
- Include any witness fee or mileage if required by statute.
Step 3: Responding to Objections or Motions to Quash
The record holder may object or move to quash the subpoena under Rule 1.410(d) if the request is overbroad, unduly burdensome or seeks privileged information. The court will balance the needs of the estate against privacy concerns.
Step 4: Using Confidential or Exempt Records
Certain estate records are confidential or exempt. Under Florida Statute § 733.6081, guardianship and some estate files remain sealed unless the court orders otherwise. You may need a separate motion to unseal or for a protective order.
Step 5: Reviewing and Incorporating Records
Once you receive the records, review them promptly. Cite them in accountings or motions to close the estate. Maintain copies in the probate file and share them with beneficiaries as required by law.
Helpful Hints
- Check local court websites for county-specific subpoena forms or filing fees.
- Describe documents as precisely as possible to avoid objections.
- Serve subpoenas well in advance of hearing dates to allow time for compliance or disputes.
- If records are digital, confirm whether the custodian can produce electronic copies.
- Keep proof of service and any correspondence with record holders in the case file.
- Consider a protective order if you expect sensitive personal or financial data.
Disclaimer: This article provides general information about Florida probate procedure. It does not constitute legal advice. For guidance tailored to your situation, consult a qualified probate attorney.