What Is Formal Notice in Florida Probate?

The pleading or motion is served on interested persons together with a notice. The notice requires written defenses to be served on the person giving notice within 20 days after service, not counting the day of service, with the original filed with the clerk. It warns that failing to respond may result in a judgment or order without further notice.

If an attorney has appeared, formal notice is delivered to that attorney. Otherwise, it may be sent by mail or commercial delivery requiring a signed receipt, or served as provided by law for service of process. First class mail is allowed only when in rem or quasi in rem relief is sought and signed receipt delivery is unavailable, refused or unclaimed. Proof of service by mail or commercial delivery is made by a verified statement. When formal notice is served as provided for service of process, proof follows the law for service of process.

After formal notice, informal notice of any hearing must still be served. If a person does not serve a written defense within 20 days, the matter may be considered ex parte as to that person unless the court orders otherwise. Persons given proper notice are bound by the orders entered.

In the probate rules, notice means informal notice unless formal notice is specified. Formal notice may be used instead at the option of the person giving notice, unless the court orders otherwise. Notice to beneficiaries is covered in when beneficiaries are notified after a death.