Detailed Answer
Florida’s probate courts handle a variety of matters, from formal administration to ancillary probate. When no hearing date is set by the court, you must initiate the process by filing a motion or petition and notifying interested parties. Follow these steps to request and schedule a probate hearing:
1. Identify the Purpose of Your Hearing
Determine whether you need a hearing to appoint a personal representative, settle an estate, resolve creditor claims, or address guardianship issues. Each matter has specific requirements under Chapter 733 of the Florida Statutes.
2. Prepare and File a Motion or Petition
File a motion or petition stating the relief you seek. Include a certificate of service and a proposed Notice of Hearing that lists:
- Date, time, and place of the hearing
- Case number and court division
- Names and addresses of interested parties
Submit your motion to the clerk of court in the county where probate is pending and pay the required filing fee. (See Fla. Stat. § 733.202.)
3. Coordinate Hearing Dates with the Clerk
Contact the probate division clerk’s office to request available hearing dates. Provide your proposed Notice of Hearing. The clerk will select a date based on court calendars and local procedures.
4. Serve the Notice of Hearing
Serve the Notice of Hearing on all interested parties at least 14 days before the hearing if it involves contested matters, or as otherwise required by statute or court rule. Proof of service must be filed with the court.
5. Attend the Hearing
Arrive early with all relevant documents, exhibits, and a courtesy copy for the judge. Be prepared to present testimony, evidence, and legal arguments related to your petition or motion.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Review local court websites for probate calendars and filing deadlines.
- Use the clerk’s online portal to check available hearing slots.
- Prepare a clear, concise Notice of Hearing to avoid delays.
- Confirm service rules under Fla. Stat. § 733.202.
- Bring extra copies of all filings and a calendar for scheduling follow-up dates.