Requirements & Information

Administrative Orders

12th Circuit’s Standards of Professionalism

All attorneys must follow 12th Judicial Circuit Standards of Professionalism, which are available on the circuit's website and on the website of the Manatee County Bar Association.

Notices for Hearings

All Notices for Hearings for Petitions or Motions, shall be e-filed within 24 hours of scheduling the time on JACS. Failure to comply with this requirement may result in the cancellation of your hearing without notice.

Hearings 1 Hour or Less

All hearings 1 hour or less in length must be scheduled through JACS. Available timeslots are 15, 30 & 60 minutes. Do not combine time slots to accommodate time you need for one case.

Hearings More Than One Hour

All hearings estimated to last more than one hour must be scheduled by emailing the Judicial Assistant simultaneously copied to the other side.

Time Sensitive Matters, Final Guardianship Hearings or Other

In the event that the parties are unable to locate a hearing date and time on the JACS calendar prior to a time-sensitive deadline, the moving party shall email the Judicial Assistant directly, simultaneously copying the other side, to coordinate the hearing. Time sensitive matters may be scheduled based upon the court’s availability anytime between 8:30 a.m. and 5 p.m.

Interpreters

The person needing the interpreter, or his/her attorney, is responsible for scheduling the interpreter. The Court does not automatically schedule interpreters. An interpreter must be requested for each scheduled court event as one request does not automatically schedule an interpreter for the pendency of the case.

Ex Parte Hearings (Effective August 7, 2023 as to Ex Parte Days Only)

Unless otherwise noted on the court’s monthly calendar, Ex Parte Hearings will be held on Monday and Wednesday at 8:30 a.m. before the Probate & Guardianship Judge in Courtroom 5D via Zoom or in person.

Ex Parte hearings shall be uncontested, non-evidentiary and 5 min. or less in length. These hearings are not scheduled through the Judicial Assistant or through JACS. The attorney desiring an Ex Parte hearing shall email the Probate Coordinator. The email shall include the Petition, Notice of Hearing, proposed Order(s) and all other relevant documents. The email subject line shall include the case style, petition type and date of the hearing. All documents shall be emailed in one .pdf attachment to the Probate Coordinator no later than noon, on the business day immediately preceding the hearing, no exceptions. No telephone appearances are permitted. Counsel will comply with Florida Rules of Civil Procedure and applicable case law in terms of motions and notices.

Emergency Hearings

After an emergency petition or motion has been e-filed, a copy of the petition or motion shall be emailed, or hand delivered, directly to the Judicial Assistant, along with a cover letter. The petition or motion should be detailed and include the amount of hearing time required. The Judge will review the motion and determine whether an emergency, expedited or JACS hearing is required. Matters determined to be emergencies will be given the highest priority and shall be scheduled based on the court’s availability anytime. Expedited hearing time shall be scheduled based upon the Court’s availability between 8:30 a.m. and 5 p.m. and movant must clear time with the other side. All documents for emergency and expedited time shall be provided to the Court prior to the date of the hearing by U.S. mail, hand delivery or overnight. Any documents sent via email, will not be accepted, nor printed.

Documents for Regular Hearings

The scheduling attorney shall furnish the judge with copies of specific documents, such as: Notice of Hearing, Petition or Motion, proposed order(s) and all pertinent portions of any documents or pleadings referenced in the Petition or Motion, and all supporting case law. All documents shall be furnished no later than five (5) business days prior to the date of the hearing. Failure to comply with this requirement may result in the cancellation of your hearing without notice. Documents shall be transmitted to the court via U.S. Mail, hand delivery or overnight. no exceptions to this requirement. The Judicial Assistant will not print any documents received via email.

Motions for Rehearing, Reconsideration, and New Trial

All Motions for Rehearing, Reconsideration, or for New Trial, are to be submitted by U.S. mail, hand delivery or overnight directly to the Judge, along with a cover letter. The motion shall be detailed. The Judge will first review the motion to determine whether, or not, a hearing is required.

Piggyback/Cross Notices

Once a Petition or Motion is scheduled via JACS or the Judicial Assistant, subsequent Petitions or Motions shall not be piggybacked or “cross noticed” absent prior approval of opposing counsel and Court. One scheduled time equates to one scheduled Petition or Motion.

JACS should be used to cancel hearings when possible. However, JACS will not authorize a cancellation when it results in short notice to the parties. When JACS does not permit a cancellation, the moving party may cancel a hearing by contacting the judge’s judicial assistant by email. The email shall be promptly followed by a Notice of Cancellation filed with the Clerk of Court. In any event, when a hearing is canceled, the moving party shall promptly provide notice of the cancellation to all parties.

Notice

The Manatee County Probate/Guardianship Judge notices all parties that in the exercise of her discretion and in accordance with Fla.R.Gen.Prac.& Jud. Admin. 2.530, beginning 1 October 2022:

• All non-evidentiary hearings shall be conducted using audio-video or hybrid audio-video^[1] communication technology (zoom platform). See: Fla.R.Fen.Prac. & Jud. Admin. 2.530(a) and 2.530(b)(1)
• All evidentiary hearings scheduled for 60 minutes or less shall be conducted using audio-video or hybrid audio-video^[1] communication technology (Zoom platform). See: Fla.R.Gen.Prac. & Jud.Admin 2.530(a) and 2.530(b)
• All evidentiary hearings scheduled in excess of 60 minutes, wanting to use audio-video or hybrid audio-video^[1] communication technology, shall require a written motion or stipulation/consent of all parties. See: Fla.R.Gen.Prac. & Jud. Admin. 2.530(a)
• All notices of hearings shall include the audio-visiual communication technology information posted by the Court and served with sufficient time for the opposing party to file an objection absent a stipulation or consent.
• An objection to the use of audio-visual communication technology shall be filed within 10 days of service of motion or notice of hearing, courtesy copies provided to all parties and court, or it shall be deemed waived. See: Fla.R.Gen.Prac. & Jud. Admin. 2.530(b)

1. Hybrid audio video technology permits a party to appear remotely or in person and should be communicated to the Court for engagement of appropriate technology.

Zoom Hearings/Audio-Video Communication Technology

Ex Parte Hearings (Effective August 7, 2023 as to Ex Parte Days Only)

Unless otherwise noted on the court’s monthly calendar, Ex Parte Hearings will be held on Monday and Wednesday at 8:30 a.m. before the Probate & Guardianship Judge in Courtroom 5D either via audio-video communication technology, Zoom platform or in person.

Ex Parte hearings shall be uncontested, non-evidentiary and 5 min. or less in length. These hearings are not scheduled through the Judicial Assistant or through JACS. The attorney desiring an Ex Parte hearing shall email to the Probate Coordinator, the Petition, Notice of Hearing, proposed Order(s) and all other relevant documents. The email subject line shall include the case style, petition and date of hearing. All documents shall be emailed in one .pdf attachment to the Probate Coordinator no later than noon, on the business day immediately preceding the hearing, NO exceptions. No telephone appearances are permitted. Counsel will comply with Florida Rules of Civil Procedure and applicable case law in terms of motions and notices.

Contested Hearings: Non-Evidentiary

When a hearing is scheduled you will use the Zoom Hearing credentials for ALL hearings scheduled that day, regardless of your particular scheduled hearing time daily. Zoom hearing credentials, for the purposes of notices, are posted on the Public Court Hearings page.

Contested Hearings: Evidentiary

• When a hearing is scheduled you will use the Zoom Hearing credentials for all hearings scheduled during that day, regardless of your particular scheduled hearing time. Zoom hearing credentials, for the purposes of notices, are posted on Public Court Hearings page.
• All evidence must be submitted and marked at least five (5) business days prior to the hearing. Attorneys and pro se litigants must use the same numbering/lettering system the clerk uses when marking evidence (Petitioners/Plaintiffs uses numbers and Respondents/Defendants uses letters).
• The Court will record an exhibit list concerning admitted evidence if no clerk is present. Everything submitted, whether formally admitted or not, will go to the clerk for filing.

Audio Communication Technology (Telephone)

Audio Communication Technology (Telephone) Hearings less than Thirty (30) minutes

Requests to appear by phone must be by written motion, accompanied by an Order, at least five (5) business days prior to the hearing. The motion and Order shall include: the date, time and subject of the hearing. There are multiple hearings scheduled at the same time, and telephone hearings are usually taken last, therefore your hearing may not be at the exact hour. Please review Fla.R.Jud.Admin 2.530. In cases where the Court grants the use of audio-video technology for non-evidentiary hearings 30 minutes or less in length, the Court will not initiate the call. The attorney or pro se litigant wishing to appear will use the phone number that is part of the Zoom hearing credentials which is posted on the Public Court Hearings page at the scheduled hearing time.

Audio Communication Technology (Telephone) Hearings Thirty (30) minutes or longer (legitimate or technological reasons)

Requests to appear by phone must be by written motion, accompanied by an Order, at least five (5) business days prior to the hearing. The motion and Order shall include: the date, time and subject of the hearing for the legitimate or technological reasons. There are multiple hearings scheduled at the same time, and telephone hearings are usually taken last, therefore your hearing may not be at the exact hour. Please review Fla.R.Jud.Admin 2.530. In cases where the Court grants the use of audio-video technology for non-evidentiary hearings 30 minutes or less in length, the Court will not initiate the call. The attorney or pro se litigant wishing to appear will use the phone number that is part of the Zoom hearing credentials which is posted on the Public Court Hearings page at the scheduled hearing time.

A conforming table will be available in Courtroom 5D. Attorneys will be responsible for conforming copies of orders entered in open court. Attorneys will have the option of walking original orders to the Clerk’s office for filing, or may file the order in open court if a Trial Clerk is attending the hearing.

If an attorney makes a request to take an original document from the courtroom following any hearing, the original shall be delivered by the Attorney to the Clerk’s Office the same business day.

Definitions

• E-Filed means through the State Portal.
• For Clerk’s audit (See List Below)
• For Judge: Select Manatee County, Select Division (Probate/Guardianship), Select Judge Moreland. For Probate and Guardianship cases, do not click on proposed orders for any order that requires an audit by the Clerk's Office. (See the section titled Matters Requiring Clerk's Audit Must be E-Filed) E-File the proposed order as you would any other pleading.
• Emailed means either to the Probate Coordinator for Ex Parte hearings and Judicial Assistant with approval.
• Hard copies means for hearings scheduled on JACS to the Judicial Assistant via U.S. mail, hand delivery or overnight.

Pursuant to Administrative Order 2022-1.2, effective January 24, 2022, the e-filing of proposed orders with the Clerk of Circuit Court in Probate cases is prohibited.

Matters Requiring Clerk's Audit Must be E-Filed

However, the following is a list of proposed orders that shall be E-filed in order for the Clerk of Circuit Court to be put on notice to conduct their review/audit.

Guardianship

• Order Approving Initial Plan
• Order Approving Annual Plan
• Order Approving Initial Inventory
• Order Approving Annual Accounting
• Order Approving Final Accounting
• Order of Discharge

Probate

• Order Admitting Will
• Order of Discharge
• The Clerk will transmit the hard copy of the proposed order to the Court once their review has been completed.

Ex Parte Matters (Not Requiring a Hearing)

Proposed orders on ex parte matters that do not require a Clerk’s audit OR a hearing, such as fully executed stipulations and agreed orders, may be sent via hand delivery, U.S. Mail or overnight to the Judicial Assistant. Original stipulations should be filed with the Clerk prior to submitting to the Court. The proposed order must be submitted with a copy of the signed stipulation or a letter representing to the Court that it has been reviewed and approved by opposing counsel, and it is an Agreed Order. This letter will be filed by the Court.

Appointing Attorney and Elisor and Appointing Examining Committee

These 2 proposed Orders are the exception to the rule regarding emailed proposed Orders. Due to the time sensitive nature, these must be emailed to the Judicial Assistant.

Pre- & Post-Hearing (Physical Submission)

Proposed orders may be sent via hand delivery, U.S. Mail or overnight and must include an original and adequate number of copies for conforming and stamped, addressed envelopes for mailing. If entered, the order(s) will be filed, and if no copies or envelopes are provided, counsel may retrieve copies from the Clerk’s website for distribution. It will be counsel’s responsibility to ensure all pertinent parties receive copies. If the proposed Order is submitted pursuant to a hearing, opposing counsel shall review and approve the proposed Order prior to submitting it to the Court (the cover letter shall reflect that opposing counsel has reviewed and approved).

Pre- & Post-Hearing (E-Portal)

Proposed orders via Administrative Order 2022-1.2 may be sent via the State (Judge’s) portal. If the proposed Order is submitted pursuant to a hearing, opposing counsel shall review and approve the proposed Order prior to submitting it to the Court (the cover letter shall reflect that opposing counsel has reviewed and approved).

5-Day Letters

The Court requires all proposed post hearing Orders be submitted with a “5-day letter” allowing opposing counsel or pro se litigant 5 days within which to object or a letter representing to the Court that if this letter will be filed by the Court.

Litigation by Letter/Phone Calls to the Court

Occasionally attorneys attempt to litigate issues by providing the Court with letters or copies of letters to opposing counsel, and/or attempting to have information relayed to the Court by phone. This is unacceptable. If the parties cannot reach an agreement on an issue after discussion between themselves, then a motion shall be filed and scheduled for hearing. The Court will not read or respond to letters on contested issues.

Effective April 22, 2024, the Attorney Rotation List will only be used if it has been determined the alleged incapacitated person or developmentally disabled adult are determined to be not indigent.

How to Apply to be on the List

Qualified attorneys who wish to be appointed in guardianship cases must submit the Court Appointed Registry Application. Attorneys who have been approved for the prior Fiscal Year may complete a Renewal Short Form. Review the circuit's Court-Appointed Attorney webpage to review certification requirements and application information.

Applications must be submitted to Court Administration for approval. Once approved, attorneys will be added to the list.

Renewing your Application

All attorneys must re-apply to be on the registry every fiscal year, which runs from July 1 through June 30. Applications are accepted year-round, however they are only valid for the fiscal year applied for. Attorneys are encouraged to submit their applications for the new fiscal year prior to July 1.

How to Receive an Appointment

The attorney filing the petition for guardianship shall contact the appropriate Clerk’s Office to obtain the name of the next available attorney. It is then the petitioning attorney’s responsibility to contact the appointed attorney, who shall advise if they are able to represent the AIP in the guardianship proceeding. If the attorney is unable or unwilling to represent the AIP, the petitioning attorney shall notify the Clerk’s office, who will distribute the next name on the list.

The Clerk will maintain an internal record of appointments including the date the attorney’s name was distributed, the name of the petitioning attorney and the name of the AIP, as well as documentation of instances where the attorney was unable to accept an appointment.

Manatee County cases call: 941-741-4025

This procedure is designed to be fair and to help the court avoid any appearance of impropriety or preference for any qualified attorney who is on this list. Should it be brought to the attention of the court that this procedure is not being followed in good faith, the court will make an appropriate inquiry.

Counsel wishing to be added or removed from the attorney rotation list should contact Court Administration in Sarasota (941-861-7800). Being removed from the appointment list does not affect any current cases you may already be appointed to.

Requiring More than 3 Hours of Hearing Time

Administrative Order 2019-4.5 directs that any adversary Probate proceeding lasting more than ½ day will be transferred to the Civil Division. The Court defines ½ day as three (3) hours in length or more.

Matters ½ day (3 hours) or less

Contact the judicial assistant for available dates via email copying the other side.

Matters more than ½ day

A written request specifying the motion(s) and duration of the hearing time requested shall be transmitted to the Probate judicial assistant via email copying the other side. Upon receipt of the Order Reassigning Adversarial Proceedings, the parties shall contact the assigned Civil Division judge’s office to coordinate hearing time.

Bond for Personal Representative

A bond is required not only to protect assets, but also to ensure that the personal representative does what is necessary to timely close out the estate. General guidelines the court will use are as follows:

Mandatory Checklists

The Manatee Probate Coordinator and Court utilize form checklists to determine if Petitions are correct, and to verify that required documents have been provided. The checklists shall be done and E-Filed for all cases and for all ex parte and JACS hearings.

Petition to Determine Homestead - When a Hearing is Unnecessary

If either two years have lapsed since the date of decedent’s death or 90 days since the date of first publication of Notice to Creditors, and a claim has not been filed, then homestead can be determined by petition/proposed order without a hearing. The petition should include facts establishing that the claim period has expired and that no claims have been filed.

Obtaining a Homestead Order in a Summary Administration

The Petitioner generally swears that there are no creditors. If there are known creditors with timely filed unsatisfied claims, notice needs to be provided of a hearing on the homestead issue. Under the summary procedure, publication to determine unknown creditors isn’t required.

Accountings & Annual Plans

F.S. 744.3678, Fla.Prob.R. 5.695(2) and 5.696, direct that each guardian must file an annual accounting. F.S. 744.367 has been amended, effective July 1, 2015. In both Manatee and Sarasota counties, pursuant to 744.367(2), the Clerk requires an annual accounting to be filed on or before the first day of the fourth month after the end of the fiscal year.

F.S 744.367 and 744.3675 require that a guardian of the person file an annual guardianship plan. In both Sarasota and Manatee counties, the Annual Plan is due 60-90 days prior to the last day of the anniversary of the Letters of Administration.

Appointment of Attorney for Alleged Incapacitated Persons (AIP)

Per F.S. 744.331(2), the court shall appoint an attorney for each alleged incapacitated person in all cases involving a petition for adjudication of incapacity. The person may substitute his/her own attorney.

Per F.S. 744.3031(1), in an emergency temporary guardianship proceeding the court shall appoint an attorney to represent the alleged incapacitated person during any such summary proceedings.

When the court appoints an attorney for an alleged incapacitated person, the court must appoint the Office of Criminal Conflict and Civil Regional Counsel (ORC), or private attorney as prescribed in s.27.511(6).

Appointment of Attorney for Alleged Developmentally Disabled Adult

Per F.S. 393.12(5) within 3 days after a petition has been filed, the court shall appoint an attorney to represent a person with developmental disability who is the subject of a petition for appointment of guardian advocate.

When a court appoints an attorney for an alleged developmentally disabled adult, the court must appoint the Office of Criminal Conflict and Civil Regional Counsel (ORC), or private attorney as prescribed in s.27.511(6).

Guidelines Regarding Alleged Incapacitated Person/Ward's Wishes

F.S. 744.312 provides that the Court must consider the wishes of the AIP regarding the appointment of a Guardian. If the AIP is unable to indicate a preference, the Court must consider the preferences of the AIP’s next of kin. The Court may not give preference to an ETG Guardian when appointing a permanent guardian. A professional guardian serving as ETG may not serve as the permanent guardian unless the Court makes specific findings of fact that the professional guardian has certain skills that are necessary for a particular guardianship, or one of the next of kin, or the Ward, requests that the professional guardian continue to serve as guardian.

Attorney/Paralegal Fees: Effective July 10, 2023

Consistent with the standards for Attorney’s Fees in this circuit, Attorney’s Fees in guardianship matters are capped at $425.00 per hour for those attorneys with 1-10 years of experience in guardianship matters and $450.00 per hour for those attorneys with over 10 years of experience in guardianship matters. Paralegal fees are capped at $150.00 per hour. The Petition for Attorney’s Fees must state the attorney’s number of years of experience in guardianship matters.

Reductions: Where there are concerns regarding billing entries, the Court may be unable to make a finding that some of the fees sought are reasonable for services described, and must reduce the fees accordingly. The Court must operate under the premise that the description provided represents all of the work that was completed for the time billed, and that no further explanation exists. (The Court recognizes the difficulty in second guessing time expended by an attorney or a guardian.)

Examining Committee Fees

Pursuant to Administrative Order 2016-9.2 In re: Due Process Service Rates, the following fee guidelines apply:

Proposed Order Compensating Examining Committee

If there is no unresolved clerk determination of indigence, the petitioning attorney should bring the original and copies of the Order Compensating to the adjudicatory hearing.

Ward Indigent: Your order must include the following language: “By the submission of this Order, the attorney confirms that the clerk has made a determination, based on known income/assets, that the ward is indigent. The attorney and guardian are proceeding at no expense to the ward. Based on indigence, the fees shall be paid by the Court Administration budget for the Twelfth Judicial Circuit.”

Ward Non-Indigent: Your order must include the following language: “The fees shall be paid from the assets of the guardianship estate.”

Professional Guardian Fees (Effective July 10, 2023)

• For those professional guardians with 0-2 years’ experience, fees are capped at $75.00 per hour.
• For those professional guardians with 2-5 years’ experience, fees are capped at $90.00 per hour.
• For those professional guardians with 5-10 years’ experience, fees are capped at $105.00 per hour.
• For those professional guardians with 10+ years’ experience, fees are capped at $125.00 per hour.

 The Petition for Guardian’s Fees must indicate the professional guardian’s number of years of experience in guardianship matters.

The above rates contemplate the professional guardian having a 25% or greater indigent caseload. In order to receive the maximum available rate, the professional guardian must attach to the petition for guardian’s fees a spreadsheet demonstrating that a minimum of 25% of their caseload is indigent cases. Professional guardian fee petitions that are submitted without this documentation will be capped at a rate that is $25.00 per hour lower than the above stated rate for those professional guardians demonstrating a current minimum 25% indigent caseload.

Professional Guardian Fees (Indigent Ward)

When an attorney files a petition for an order compensating a professional guardian on an indigent ward, the petition must include language attesting that the ward is indigent (in this instance, fees are sought in case unknown assets are later discovered or the ward becomes non-indigent).

Requests for Hourly Fees in Excess of Court Approved Rate: Effective July 10, 2023

For requests for fees in excess of the court approved rate for either attorney, paralegal, or professional guardian rates, the requesting party must set an evidentiary hearing and present evidence and/or testimony supporting the requested rate. In addition to any statutory criteria, the testimony/evidence must show that the case was unusual, complex, or required extraordinary work or effort by the requesting party.

Non-Professional Guardian Fees

In an effort to strive for consistency, fees for non-professional guardians will be set at $30 per hour for non-relatives, and $15 per hour for relatives. An exception would be if written consents are provided from all potential beneficiaries. The consent must include language reflecting that the beneficiary is aware that the guardian is charging more than the usual court approved rate of either $30 or $15 per hour, as appropriate. Each time a petition for fees for a guardian is submitted reflecting an increased hourly rate, the attorney should attach a copy of the original consent(s) to allow that determination to be made without reviewing the court file. (The consent only needs to be obtained once at the time of the filing of the first petition for fees.)