Order Of Referral To Mediation

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Order Of Referral To Mediation is a commonly used form within Florida. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Order Of Referral To Mediation

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Of Referral To Mediation:

• This form pertains to the State of Florida

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Florida’s Form O2 - Order Of Referral To Mediation up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Florida form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Florida probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form O2, take a break, and then review. Probate and estate settlement processes in FL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form O2 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form O2 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Order Of Referral To Mediation to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Florida.

5 reasons you should submit O2 as quickly as possible:

1. The sooner you begin, the faster Florida can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Florida. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Florida is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Florida probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Florida probate clerk or court for exact answers regarding Form O2, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Of Referral To Mediation is one of the many probate court forms available for download through Atticus.

It may also be available through some Florida probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Florida.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form O2 - Order Of Referral To Mediation f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Florida probate court office.

Order Of Referral To Mediation is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Florida-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Florida Form O2 - Order Of Referral To Mediation. You can use this to get an idea of the context of the form and what type of information is needed.

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA PROBATE DIVISION IN RE: ___________________________________________________ Case No. _______________ Section _______________ O-2 ORDER OF REFERRAL TO MEDIATION [Trial Date: Not Set / Set for ____________, 20____] Pursuant to Chapter 44 of the Florida Statutes, and Florida Civil Procedure Rules 1.700- 1.750, the above styled cause is hereby referred to mediation: 1.Within fifteen days (ten days plus an additional five days for mailing) of this Order, the parties may mutually agree upon the designation of any certified mediator of their choice. If able to agree, the plaintiff/petitioner shall, within the time period set forth above, file with the Clerk of the Court, and serve upon the parties, the agreed upon mediator, the Mediation Division of the Eleventh Judicial Circuit Court (73 West Flagler Street, Miami, Florida 33l30; 305-349-7344) (“Division”), and the trial judge’s judicial assistant, a Notice of Stipulation of Mediator which shall identify the name, address, and telephone number of the agreed upon mediator. Upon filing this notice, said mediator shall be deemed designated to mediate without further order of court. 2.In the event the parties are unable to agree upon a mediator within the specified period, the plaintiff/petitioner shall make a Request for Appointment of Mediator from the Division within five days thereafter, certifying that notwithstanding a good faith effort to agree, the parties were unsuccessful in so doing, and requesting said Division to select the next available mediator from the rotating list of certified mediators. The appointment request shall be filed with the Clerk of the Court and copies shall be served upon the Division, all parties, and the trial judge’s judicial assistant. The Division shall make said selection and file with the Clerk of the Court a Notice of Designation of Mediator. The Request for Appointment shall be accompanied by a sufficient number of stamped addressed envelopes in order for the Division to serve the Notice of Designation of Mediator upon the parties, the selected mediator, and the trial judge’s judicial assistant. Upon filing this notice, the Division’s selected mediator shall be designated to mediate without further court order. 3.In the event a party is indigent under Chapter 57, Florida Statutes, or represented by Legal Aid, Legal Services of Greater Miami, or similar pro bono organizations, or determined to qualify as indigent by the trial judge after the entry of an order in full compliance with the requirements of existing administrative orders, or in cases where Metropolitan Miami-Dade County is a party; the plaintiff/petitioner shall prominently note same on the Request for Appointment of Mediator, and the Division is directed to designate as mediator the Court’s own in-house mediation unit, free of charge as to said party or parties. 4.The appearance of counsel, and each party or party’s representative with authority to enter into a full and complete compromise and settlement, without further consultation, is CASE NUMBER: mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5.The mediator shall be compensated at the rate of $125.00 per hour (unless otherwise agreed by the Mediator and parties), with a two (2) hour minimum to be divided equally between all parties. This minimum two (2) hour fee shall be paid at least seven (7) days before the scheduled mediation conference, and any fee balance shall be paid at the conclusion of the conference. Counsel for the respective parties is responsible for financial arrangements with their clients and timely payment of mediation fees. The mediation conference shall not exceed three (3) hours unless the parties otherwise agree and participate longer. 6.Written notice to the mediator of any change or cancellation of the scheduled mediation conference must be given at least seventy-two (72) hours before the conference. Failure to timely provide notice shall result in the imposition of the two (2) hour minimum fee paid by the canceling party to the mediator, unless the court orders otherwise for exceptional circumstances beyond the parties’ control or the mediator agrees to waive this fee. 7.The parties and designated mediator are ordered and directed to proceed with mediation in accordance with Florida’s Rules of Civil Procedure. If any of the parties fail to comply with the obligations set forth herein to ensure that mediation is accomplished expeditiously, the court may, on its own motion or on motion of any party, dismiss the case, strike pleadings, enter default, remove the case from the trial calendar, or impose any other sanctions that it may deem appropriate under the circumstances. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on this _____ day of _____________________, 20____. _________________________________ Circuit Judge Original to Court File CC: Mediation Division “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 N.W. 1 st Avenue, Suite 2702, Miami, Florida 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” Referral to Mediation Page 2 of 2