estABlisHmentofdivisionB : proBAte , guArdiAnsHip , mentAlHeAltHAndtrustdivision
Real Property , Probate & Trust law Section Chairs : KaseyFeltner – Shutts & Bowen & ElaineMcGinnis – LawOfficeofElaineMcGinnis , P . A .
Administrativeorders-2021-078 providesexcellentdetail regardingtherequirementsfor identifyingrealandpersonal propertyinaprobatepleading .
The past few years have certainly been a busy time for most estate planning , probate and guardianship attorneys . Clients are increasingly concerned about getting their affairs in order . Unfortunately , we have seen an increase in unexpected deaths . And lately , everyone seems to be moving to Florida . In response , Chief Judge Ronald N . Ficarrotta has established Division B per Administrative Order S-2021-067 . Division B is an additional subdivision in the Probate , Guardianship , Mental Health , and Trust Division , which the court deems necessary for the proper and efficient administration of justice . The Honorable Denise A .
Pomponio has been assigned to Division B , and her practices and procedures are located on her webpage . Death certificates , the oath of personal representative , and the oath of guardian may be e-filed .
As of January 3 , 2022 , the Clerk of Court must assign new probate , guardianship and trust filings to Division A and B on a 5:3 ratio . Prior cases are being moved to Division B to populate the division with a proportionate share of cases . Therefore , practitioners should confirm whether their case is in Division A or B before submitting a proposed order via JAWS to select the correct division .
Additionally , Administrative Order S-2021-078 addresses the requirements for identifying real and personal property in a probate pleading . Such descriptions should include :
• Real Property : a complete legal description and mailing address .
• Corporate Stock : the current name of the corporation , the number of shares , the class of shares , and such additional information that is available to identify the stock .
• Bonds , debentures , and other debt obligations : the name of the issuer , the original principal amount , the interest rate , the series ( if applicable ), and the maturity dates .
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