In Re: Amendments to Florida Probate Rules

Supreme Court of Florida
____________

No. SC2024-0773
____________

IN RE: AMENDMENTS TO FLORIDA PROBATE RULES.

March 20, 2025

PER CURIAM.

The Florida Bar’s Probate Rules Committee filed a report

proposing amendments to Florida Probate Rules 5.040 (Notice),

5.499 (Form and Manner of Objecting to Personal Representative’s

Proof of Claim), and 5.904 (Forms for Initial and Annual

Guardianship Plans). We published the proposed amendments for

comment in The Florida Bar News. No comments were received.

We hereby amend the Florida Probate Rules as proposed by

the Committee. Rule 5.040 is amended to require that formal

notice be served electronically on a lawyer who has appeared in a

matter for an interested person in accordance with Florida Rule of

General Practice and Judicial Administration 2.516 (Service of

Pleadings and Documents). For unrepresented persons, formal
notice must continue to be served in one of the manners listed in

rule 5.040.

Next, the deadline to serve an objection on a claimant in rule

5.499(e) (Service) is changed from “within 10 days after the filing of

the objection” to “at the time of filing [the objection] or promptly

thereafter.” This change conforms rule 5.499(e) to section

733.705(2), Florida Statutes, as amended by chapter 2001-226,

section 149, Laws of Florida.

Finally, to better align form 5.904(d) with section

744.3675(1)(b)2., Florida Statutes, the phrase “no more than 90

days before the end of the report period” in paragraph 6 is replaced

with “no more than 90 days before the beginning of the applicable

reporting period.”

Accordingly, the Florida Probate Rules are amended as set

forth in the appendix to this opinion. New language is indicated by

underscoring; deletions are indicated by struck-through type. The

amendments become effective on July 1, 2025, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

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THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Probate Rules

Erin Farrington Finlen, Co-Chair, Probate Rules Committee, Fort
Lauderdale, Florida, Zackary T. Zuroweste, Co-Chair, Probate Rules
Committee, Clearwater, Florida, Alexandra V. Rieman, Past Chair,
Probate Rules Committee, Fort Lauderdale, Florida, Joshua E.
Doyle, Executive Director, The Florida Bar, Tallahassee, Florida,
and Heather Savage Telfer, Staff Liaison, The Florida Bar,
Tallahassee, Florida,

for Petitioner

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APPENDIX

RULE 5.040. NOTICE

(a) Formal Notice.

(1) Procedure for Formal Notice. When formal notice is
given, a copy of the pleading or motion must be served on interested
persons, together with a notice requiring the person served to serve
written defenses on the person giving notice within 20 days after
service of the notice, exclusive of the day of service, and to file the
original of the written defenses with the clerk of the court either
before service or immediately thereafter service, and notifying the
person served that failure to serve written defenses as required may
result in a judgment or order for the relief demanded in the
pleading or motion, without further notice.

(2) [No Change]

(3) Manner of Service of Formal Notice. Formal notice
must be served in the following manner:

(A) If an attorney has appeared for the interested
person under the Florida Rules of General Practice and Judicial
Administration or the Florida Probate Rules, formal notice must be
served on the person by delivery to the attorney in conformity with
the requirements of Florida Rule of General Practice and Judicial
Administration 2.516.

(B) If an attorney has not appeared for the
interested person under the Florida Rules of General Practice and
Judicial Administration or the Florida Probate Rules, formal notice
must be served in the following manner:

(Ai) by sending a copy by any commercial
delivery service requiring a signed receipt or by any form of mail
requiring a signed receipt;

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(Bii) as provided in the Florida Rules of Civil
Procedure for service of process;

(Ciii) as otherwise provided by Florida law for
service of process; or

(Div) by first-class mail when only in rem or
quasi in rem relief is sought against a person if:

(i)a. registered or certified mail service to
the addressee requiring a signed receipt is unavailable and if
delivery by commercial delivery service requiring a signed receipt is
also unavailable;

(ii)b. delivery pursuant tounder
subdivision (a)(3)(AB)(i) is attempted and is refused by the
addressee; or

(iii)c. delivery pursuant tounder
subdivision (a)(3)(AB)(i) is attempted and is unclaimed after notice
to the addressee by the delivering entity.

(4) Persons to be Served. Service of formal notice under
(a)(3)(AB)(i) and (a)(3)(DB)(iv) must be made on the following:

(A) service on an interested person represented by
an attorney must be made by delivery to the attorney at his or her
regular place of business;

(B) service on an interested person who has filed a
request for notice must be made by delivery to suchthe interested
person at the address given in the request for notice;

(CB) service on an incapacitated person or a person
with a developmental disability must be made by delivery:

(i) to suchthe person at his or herthe
person’s usual place of abode; and

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(ii) to suchthe person’s legal guardian at the
legal guardian’s usual place of abode or regular place of business
or, if suchthe person does not have a legal guardian, to the person
having care or custody of suchthe person at his or herthe person’s
usual place of abode or regular place of business;

(DC) service on a minor whose disabilities of nonage
are not removed must be made by delivery to the persons
designated to accept service of process on a minor under chapter
48, Florida Statutes, at theirthe minor’s usual place of abode or
regular place of business;

(ED) service on any other individual must be made
by delivery to suchthe individual at his or herthe individual’s usual
place of abode or to any person authorized to receive service of a
summons on behalf of the individual as provided in chapter 48,
Florida Statutes; or

(FE) service on a corporation or other business
entity must be made by delivery to suchthe corporation or other
business entity as provided in chapter 48, Florida Statutes.

(5) Completion of Service. Service of formal notice
pursuant tounder subdivision (a)(3)(AB)(i) will be complete upon
receipt by the person to whom delivery is made. Service of formal
notice pursuant tounder subdivision (a)(3)(B)(ii) will be complete as
provided in the Florida Rules of Civil Procedure for service of
process. Service of formal notice pursuant tounder subdivision
(a)(3)(CB)(iii) will be complete as provided by Florida law for service
of process. Service of formal notice pursuant tounder subdivision
(a)(3)(DB)(iv) will be complete on mailing.

(6) Proof of Service. Proof of service under subdivision
(a)(3)(B) must be by verified statement of the person serving formal
notice and there must be attached to the verified statement the
receipt signed by the person to whom delivery was made or other
evidence satisfactory to the court that delivery was made. If service
is obtained pursuant tounder subdivision (a)(3)(DB)(iv), the verified
statement must state the basis for service by first-class mail, the

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date of mailing, and the address to which the first-class mail was
sent, and evidence of delivery is not required. Proof of service
pursuant tounder subdivisions (a)(3)(B)(ii) or (a)(3)(CB)(iii) must be
made as provided by Florida law for service of process.

(b) – (c) [No Change]

(d) Formal Notice Optional. Formal notice may be given in
lieuinstead of informal notice at the option of the person giving
notice unless the court orders otherwise. When formal notice is
given in lieuinstead of informal notice, formal notice must be given
to all interested persons entitled to notice. When formal notice is
given in lieuinstead of informal notice, that notice does not modify
any time period otherwise specified by statute or these rules.

(e) In the Manner Provided for Service of Formal Notice.
If a document is served in the manner provided for service of formal
notice under subdivision (a)(3)(B), service is completed as provided
in subdivision (a)(5). and Pproof of service must be in the manner
set forth in subdivision (a)(6).

Committee Notes
[No Change]

Rule History

1975 – 2023 [No Change]

2025 Revision: Subdivision (a)(3) is amended to permit e-
service of formal notice on represented interested persons.
Committee notes revised.

Statutory References
[No Change]

Rule References
[No Change]

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RULE 5.499. FORM AND MANNER OF OBJECTING TO
PERSONAL REPRESENTATIVE’S PROOF OF
CLAIM

(a) Filing. An objection to a personal representative’s proof
of claim shallmust be in writing and filed on or before the expiration
of 4 months from the first publication of notice to creditors or
within 30 days from the timely filing of the proof of claim, whichever
occurs later.

(b) Contents. The objection shallmust identify the particular
item or items to which objection is made. An objection to an item
listed on the proof of claim as to be paid shallmust also contain a
statement that the claimant is limited to a period of 30 days from
the date of service of an objection within which to bring an
independent action as provided by law.

(c) Items Listed as Paid. If an objection is filed to an item
listed on the proof of claim as paid, it shallis not be necessary for
the claimant to file an independent action as to that item. Liability
as between estate and the personal representative individually for
claims listed on the proof of claim as paid, or for claims treated as if
they were listed on the proof of claim as paid, shallwill be
determined in the estate administration, in a proceeding for
accounting or surcharge, or in another appropriate proceeding,
whether or not an objection has been filed.

(d) Items Paid Before Objection. If an item listed as to be
paid is paid by the personal representative prior tobefore the filing
of an objection as to that item, the item shallwill be treated as if it
were listed on the proof of claim as paid.

(e) Service. The objector shallmust serve a copy of the
objection on the personal representative and, in the case of any
objection to an item listed as to be paid, shallmust also serve a copy
on that claimant within 10 days after the filing of the objectionat
the time of filing or promptly thereafter. In the case of an objection
to an item listed as to be paid, the objection shallmust include a
certificate of service.

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Committee Notes
[No Change]

Rule History

2005-2012 [No Change]

2025 Revision: Subdivision (e) amended to address the timing
of service of an objection to a claim. Committee notes revised.

Statutory Reference
[No Change]

Rule References
[No Change]

RULE 5.904. FORMS FOR INITIAL AND ANNUAL
GUARDIANSHIP PLANS

(a) – (c) [No Change]

(d) Annual Guardianship Plan for Adult.

In the Circuit Court of the
Judicial
Circuit,
in and for
County, Florida

Probate Division
Case No.
In Re: Guardianship of

Respondent’s Name
Person with Developmental Disability

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ANNUAL GUARDIANSHIP PLAN OF GUARDIAN/
GUARDIAN ADVOCATE OF THE PERSON

.....(Guardian’s name)....., the guardian of the
person/guardian advocate of .....(ward’s name)....., the ward,
submits the following annual plan for the period beginning
.....(beginning date)..... ending .....(ending date)......

1. The ward’s address at the time of filing this plan is:

2. During the prior 12 months, the ward resided or was
maintained at (include dates, names, addresses, and length of stay
at each location):

Date Name Address Length of stay

3. The residential setting best suited for the current needs
of the ward is (Check 1):

( ) a. group home;

( ) b. assisted living;

( ) c. nursing home;

( ) d. live with parents;

( ) e. at ward’s private residence; or

( ) f. other:

4. Plans for ensuring that the ward is in the best residential
setting to meet the ward’s needs during the coming year are as
follows:

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5. The following is a list of any medical treatment given to
the ward during the preceding year:

Date Provider Treatment provided

6. Attached is a report of a physician who examined the
ward no more than 90 days before the end of the report
periodbeginning of the applicable reporting period, including that
physician’s evaluation of the ward’s condition and a statement of
the current level of capacity of the ward.

7. The plan for provision of medical, dental, mental health,
and rehabilitative services (for example, occupational therapy,
physical therapy, speech therapy, applied behavioral analysis) in
the coming year is:

Date Provider Service provided

8. The following information is submitted concerning the
social condition of the ward:

a. The ward is currently using the following social and
personal services (include name, services rendered, and address of
each provider), including any groups in which the ward is
participating:

Date Provider Service provided

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Date Provider Service provided

b. The following is a statement of the social skills of
the ward, including how well the ward maintains interpersonal
relationships with others:

c. The following is a description of the social needs of
the ward, if any:

9. The following is a summary of activities during the
preceding year designed to increase the capacity of the ward,
including involvement in groups or group activities:

10. Is the ward now capable of having some or all of the
ward’s rights restored?

( ) If yes, identify the rights that should be restored:

11. Do you plan to seek the restoration of any rights to the
ward?

( ) If yes, identify the rights that you are seeking to be
restored:

12. This plan has or has not been reviewed
with the ward.

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(Please use additional sheets where necessary.)

13. The following is a list of preexisting orders not to
resuscitate, health care surrogate designation, living will, or
anatomical gift.:

Steps
Taken to
Suspended by Locate any
Court? (Yes Preexisting
# Title Date or No) Document
1.
2.
3.

(Please use additional sheets if necessary.)
Under penalties of perjury, I declare that I have completed
and read the foregoing, and the facts set forth are true, to the
best of my knowledge and belief.

Signed on .....(date)......

[A certificate of service is required unless ward has been declared
totally incapacitated.]

[I certify that the foregoing document has been furnished to
.....(name, address used for service, mailing address, and e-mail
address)..... by .....(e-mail) (delivery) (mail) (fax)..... on .....(date).…..]

Guardian’s Signature
Guardian’s Printed Name:

Guardian’s Address:

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Guardian’s Phone Number:

Guardian’s E-mail Address:

If the guardian is represented by counsel, the attorney must
comply with Florida Rule of General Practice and Judicial
Administration 2.515 (every document of a party represented by an
attorney must be signed by at least 1 attorney of record).

(e) [No Change]

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