In Re: Amendments to Florida Probate Rules

Supreme Court of Florida
____________

No. SC2025-1478
____________

IN RE: AMENDMENTS TO FLORIDA PROBATE RULES.

June 25, 2026

PER CURIAM.

The Florida Bar’s Probate Rules Committee proposes

amending Florida Probate Rules 5.030 (Attorneys), 5.040 (Notice),

5.041 (Service of Pleadings and Documents), 5.043 (Deposit of Wills

and Codicils), 5.060 (Request for Notices and Copies of Pleadings),

5.120 (Administrator Ad Litem and Guardian Ad Litem), 5.340

(Inventory), 5.342 (Inventory of Safe-Deposit Box), 5.350

(Continuance of Unincorporated Business or Venture), 5.355

(Proceedings for Review of Employment of Agents and

Compensation of Personal Representatives and Estate Employees),

5.360 (Elective Share), 5.370 (Sales of Real Property Where No

Power Conferred), 5.380 (Compulsory Payment of Devises or

Distributive Interests), 5.385 (Determination of Beneficiaries and
Shares), 5.386 (Escheat), 5.400 (Distribution and Discharge), 5.401

(Objections to Petition for Discharge or Final Accounting), 5.402

(Notice of Lien on Protected Homestead), 5.403 (Proceedings to

Determine Amount of Lien on Protected Homestead), 5.405

(Proceedings to Determine Protected Homestead Status of Real

Property), 5.406 (Proceedings to Determine Exempt Property), 5.407

(Proceedings to Determine Family Allowance), 5.430 (Resignation of

Personal Representative), 5.440 (Proceedings for Removal of

Personal Representative), 5.460 (Subsequent Administration), 5.475

(Ancillary Administration, Short Form), 5.490 (Form and Manner of

Presenting Claim), 5.496 (Form and Manner of Objecting to Claim),

5.498 (Personal Representative’s Proof of Claim), 5.499 (Form and

Manner of Objecting to Personal Representative’s Proof of Claim),

5.510 (Establishment and Probate of Lost or Destroyed Will), 5.530

(Summary Administration), 5.620 (Inventory), 5.631 (Petition for

Approval by Professional Guardian for Order Not to Resuscitate or

to Withhold Life-Prolonging Procedures), 5.650 (Resignation or

Disqualification of Guardian; Appointment of Successor), 5.660

(Proceedings for Removal of Guardian), 5.670 (Termination of

Guardianship on Change of Domicile of Resident Ward), 5.680

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(Termination of Guardianship), 5.690 (Initial Guardianship Report),

and 5.695 (Annual Guardianship Report). 1 The Committee and the

Court published the proposal for comment and no comments were

received.

Throughout the listed probate rules, rule references to Rules of

General Practice and Judicial Administration 2.516 and 2.525 are

amended to reflect the recently adopted changes to the titles of

these two rules. See In re Amends. to Fla. Rules of Gen. Prac. & Jud.

Admin., 416 So. 3d 242 (Fla. 2025). The references to rule 2.516

are amended to reflect the new title of “Service” where formerly it

was “Service of Pleadings and Documents.” Id. Similarly, the

references to rule 2.525 are amended to reflect the new title of

“Filing” from “Electronic Filing.” Grammatical changes are made

throughout in compliance with the Guidelines. See In re Guidelines

for Rules Submissions, Fla. Admin. Order No. AOSC22-78 (Fla. Oct.

24, 2022). Additionally, references to Florida Rule of General

Practice and Judicial Administration 2.420 are amended to add

“and protection of” to reflect the correct title of that rule. See In re

1. We have jurisdiction. Art. V, § 2(a), Fla. Const.; see also
Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).

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Amends. to Fla. Rule of Jud. Admin. 2.420, 153 So. 3d 896, 899 (Fla.

2014).

Accordingly, we amend the Florida Probate Rules as reflected

in the appendix to this opinion. New language is underscored;

deleted language is stricken through. The amendments shall

become effective on October 1, 2026, at 12:01 a.m.

It is so ordered.

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

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

Original Proceeding – Florida Probate Rules

Michael A. Sneeringer, Chair, Probate Rules Committee, Bonita
Springs, 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 5.030. ATTORNEYS

(a) Required; Exception. Every guardian and every personal
representative, unless the personal representative remains the sole
interested person, shallmust be represented by an attorney
admitted to practice in Florida. A guardian or personal
representative who is an attorney admitted to practice in Florida
may represent himself or herself as guardian or personal
representative. A guardian advocate is not required to be
represented by an attorney unless otherwise required by law or the
court.

(b) Limited Appearance Without Court Order. An attorney
of record for an interested person in a proceeding governed by these
rules shallmust be the attorney of record in all other proceedings in
the administration of the same estate or guardianship, except
service of process in an independent action on a claim, unless at
the time of appearance the attorney files a notice specifically
limiting the attorney’s appearance only to the particular proceeding
or matter in which the attorney appears. At the conclusion of that
proceeding or matter, the attorney’s role terminates upon the
attorney filing notice of completion of limited appearance and
serving a copythe notice on the client and other interested persons.

(c) Withdrawal or Limited Appearance With Court Order.
An attorney of record may withdraw or limit the attorney’s
appearance with approval of the court, after filing a motion setting
forth the reasons and serving a copythe motion on the client and
other interested persons.

Committee Notes

[No Change]

Rule History

1975 Revision-2012 Revision [No Change]

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2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.041 Service of pleadings and papers.

Fla. Prob. R. 5.110(b), (c) Resident agent.

Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

Fla. R. App. P. 9.440 Attorneys.

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 after 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) – (6) [No Change]

(b) – (e) [No Change]

Committee Notes

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[No Change]

Rule History

1975 Revision-2025 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.030 Attorneys.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.

Fla. Prob. R. 5.649 Guardian advocate.

Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.

Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

Fla. R. Civ. P. 1.070 Process.

Fla. R. Civ. P. Form 1.902 Summons.

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RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS

(a) Service. Unless the court orders otherwise, every petition
or motion for an order determining rights of an interested person,
and every other pleading or document filed in the particular
proceeding which is the subject matter of such petition or motion,
except applications for witness subpoenas, shallmust be served on
interested persons as set forth in Florida Rule of General Practice
and Judicial Administration 2.516 unless these rules, the Florida
Probate Code, or the Florida Guardianship Law provides otherwise.

(b) Interested Persons. No service need be made on
interested persons against whom a default has been entered, or
against whom the matter may otherwise proceed ex parte, unless a
new or additional right or demand is asserted. For purposes of this
rule an interested person shall beis deemed a party under rule
2.516.

(c) Minors. If the interested person is a minor whose
disabilities of nonage are not removed, and who is not represented
by an attorney, then service shallmust be on the persons
designated to accept service of process on a minor under chapter
48, Florida Statutes.

Committee Notes

[No Change]

Rule History

1984 Revision-2016 Revision [No Change]

2026 Revision: Rule was divided into 3 subdivisions.
Committee notes revised.

Statutory References

[No Change]

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Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.030 Attorneys.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.150(c) Order requiring accounting.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.240(a) Notice of administration.

Fla. Prob. R. 5.340(d) Inventory.

Fla. Prob. R. 5.550 Petition to determine incapacity.

Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.

Fla. Prob. R. 5.649 Guardian advocate.

Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.

Fla. R. Civ. P. 1.080 Service of pleadings and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.043. DEPOSIT OF WILLS AND CODICILS

[No Change]

Committee Notes

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[No Change]

Rule History

2012 Revision-2020 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. R. Gen. Prac. & Jud. Admin. 2.430 Retention of court
records.

Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic fFiling.

RULE 5.060. REQUEST FOR NOTICES AND COPIES OF
PLEADINGS

(a) Request. Any interested person who desires notice of
proceedings in the estate of a decedent or ward may file a separate
written request for notice of further proceedings, designating
therein suchthe interested person’s residence and post office
address. When suchthe interested person’s residence or post office
address changes, a new designation of suchthe change shallmust
be filed in the proceedings. A person filing suchthe request, or
address change, must serve a copy on the attorney for the personal
representative or guardian, and include a certificate of service.

(b) Notice and Copies. A party filing a request shallmust be
served thereafter by the moving party with notice of further
proceedings and with copies of subsequent pleadings and
documents as long as the party is an interested person.

Committee Notes
Rule History

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1975 Revision-2013 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.340 Inventory.

Fla. Prob. R. 5.341 Estate information.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD
LITEM

(a) Appointment.

(1) At any point in a proceeding, a court may appoint a
guardian ad litem to represent the interests of an incapacitated
person, an unborn or unascertained person, a minor or any other
person otherwise under a legal disability, a person with a
developmental disability, or a person whose identity or address is
unknown, if the court determines that representation of the interest
otherwise would be inadequate.

(2) When it is necessary that the estate of a decedent or
a ward be represented in any probate or guardianship proceeding
and:

(A) there is no personal representative of the
estate or guardian of the ward, or;

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(B) the personal representative or guardian is or
may be interested adversely to the estate or ward, or is enforcing
the personal representative’s or guardian’s own debt or claim
against the estate or ward,; or

(C) the necessity arises otherwise, the court may
appoint an administrator ad litem or a guardian ad litem, as the
case may be, without bond or notice for that particular proceeding.
At any point in a proceeding, a court may appoint a guardian ad
litem to represent the interests of an incapacitated person, an
unborn or unascertained person, a minor or any other person
otherwise under a legal disability, a person with a developmental
disability, or a person whose identity or address is unknown, if the
court determines that representation of the interest otherwise
would be inadequate.

(3) If not precluded by conflict of interest, a guardian
ad litem may be appointed to represent several persons or interests.

(4) The administrator ad litem or guardian ad litem
shallmust file an oath to discharge all duties faithfully and upon the
filing shallmust be qualified to act. No process need be served upon
the administrator ad litem or guardian ad litem, but such person
shallmust appear and defend as directed by the court.

(b) Petition. The petition for appointment of a guardian ad
litem shallmust state to the best of petitioner’s information and
belief:

(1) – (5) [No Change]

(c) Notice. Within 10 days after appointment, the petitioner
shallmust serve conformed copies of the petition for appointment of
a guardian ad litem and order to any guardian, or if there is no
guardian, to the living natural guardians or the living natural
guardian having legal custody of the minor, person with a
developmental disability, or incapacitated person.

(d) Report. The guardian ad litem shallmust serve
conformed copies of any written report or finding of the guardian ad

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litem’s investigation and answer filed in the proceedings, petition for
compensation and discharge, and the notice of hearing on the
petition to any guardian, or in the event that there is no guardian,
to the living natural guardians or the living natural guardian having
legal custody of the minor, person with a developmental disability,
or incapacitated person.

(e) Service of Petition and Order. Within 10 days after
appointment, the petitioner for an administrator ad litem shallmust
serve conformed copies of the petition for appointment and order to
the attorney of record of each beneficiary and to each known
beneficiary not represented by an attorney of record.

(f) Enforcement of Judgments. When an administrator ad
litem or guardian ad litem recovers any judgment or other relief, it
shallmust be enforced as other judgments. Execution shall issues
in favor of the administrator ad litem or guardian ad litem for the
use of the estate or ward and the money collected shallmust be paid
to the personal representative or guardian, or as otherwise ordered
by the court.

(g) [No Change]

Committee Notes
Rule History

1977 Revision-2020 Revision [No Change]

2026 Revision: Subdivision (a) reorganized. Committee notes
revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

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Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.

RULE 5.340. INVENTORY

(a) – (h) [No Change]

Committee Notes

[No Change]

Rule History

1980 Revision-2024 Revision [No Change]

2026 Revision: Committee notes revised.

Constitutional Reference

[No Change]

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. Prob. R. 5.330 Execution by personal representative.

Fla. Prob. R. 5.360 Elective share.

Fla. Prob. R. 5.405 Proceedings to determine homestead status
of real property.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

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RULE 5.342. INVENTORY OF SAFE-DEPOSIT BOX

(a) Filing. The personal representative shallmust file an
inventory of the contents of the decedent’s safe-deposit box within
10 days of the initial opening of the box by the personal
representative or the personal representative’s attorney of record.
The inventory shallmust include a copy of the financial institution’s
entry record for the box from a date that is six6 months prior
tobefore the decedent’s date of death to the date of the initial
opening by the personal representative or the personal
representative’s attorney of record.

(b) [No Change]

(c) Service. The personal representative shallmust serve a
copy of the inventory on the surviving spouse, each heir at law in
an intestate estate, each residuary beneficiary in a testate estate,
and any other interested person who may request it in writing.

Committee Notes

[No Change]

Rule History

2003 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.340 Inventory.

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Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.350. CONTINUANCE OF UNINCORPORATED BUSINESS
OR VENTURE

(a) Separate Accounts and Reports. In the conduct of an
unincorporated business or venture, the personal representative
shallmust keep separate, full, and accurate accounts of all receipts
and expenditures and make reports as the court may require.

(b) Petition. If the personal representative determines it to
be in the best interest of the estate to continue an unincorporated
business or venture beyond the time authorized by statute or will,
the personal representative shallmust file a verified petition which
shallmust include:

(1) – (6) [No Change]

(c) Order. If the continuation is authorized, the order
shallmust state:

(1) – (3) [No Change]

(d) Petition by Interested Person. Any interested person, at
any time, may petition the court for an order regarding the
operation of, accounting for, or termination of an unincorporated
business or venture, and the court shallmust enter an order
thereon the petition.

Committee Notes
Rule History

1975 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

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Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.330 Execution by personal representative.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT
OF AGENTS AND COMPENSATION OF PERSONAL
REPRESENTATIVES AND ESTATE EMPLOYEES

After notice to all interested persons and upon petition of an
interested person bearing all or a part of the impact of the payment
of compensation to the personal representative or any person
employed by the personal representative, the propriety of the
employment and the reasonableness of the compensation or
payment may be reviewed by the court.

(a) Review. The court may review the propriety of the
employment and the reasonableness of the compensation paid to
the personal representative or any person employed by the personal
representative. A petition seeking review must be filed with the
court and served on all interested persons.

(b) Petition. The petition shallmust state the grounds on
which it is based. The burden of proving the propriety of the
employment and the reasonableness of the compensation shall be
uponis on the personal representative and the person employed by
the personal representative. Any person who is determined to have
received excessive compensation from an estate may be ordered to
make appropriate refunds.

Committee Notes

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[No Change]

Rule History

1988 Revision-2012 Revision [No Change]

2026 Revision: Rule divided into subdivisions and reorganized.
Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.360. ELECTIVE SHARE

(a) Election. An election to take the elective share may be
filed by the surviving spouse, or on behalf of the surviving spouse
by an agent or guardian of the property of the surviving spouse.

(1) Election by Surviving Spouse. An electing surviving
spouse must file the election within the time required by law and
promptly serve a copy of the election on the personal representative
in the manner provided for service of formal notice.

(2) Election by Agent or Guardian of the Property of
Surviving Spouse.

(A) [No Change]

(B) Notice of Petition. UpoOn receipt of the
petition, the personal representative must promptly serve a copy of
the petition by formal notice on all interested persons.

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(C) [No Change]

(D) Filing the Election. UpoOn entry of an order
authorizing the filing of an election, the agent or guardian of the
property must file the election within the later of the time provided
by law or 30 days from service of the order and promptly serve a
copy of the election on the personal representative in the manner
provided for service of formal notice.

(b) Procedure for Election.

(1) – (2) [No Change]

(3) Service of Notice. UpoOn receipt of an election the
personal representative must serve a notice of election within 20
days following service of the election, together with a copy of the
election, on all interested persons in the manner provided for
service of formal notice. The notice of election must indicate the
names and addresses of the attorneys for the surviving spouse and
the personal representative and must state that:

(A) – (C) [No Change]

(4) Objection to Election. Within 20 days after service of
the notice of election, an interested person may serve an objection
to the election which must state with particularity the grounds on
which the objection is based. The objecting party must serve copies
of the objection on the surviving spouse and the personal
representative. If an objection is served, the personal representative
must promptly serve a copy of the objection on all other interested
persons who have not previously been served with a copy of the
objection.

(c) [No Change]

(d) Procedure to Determine Amount of Elective Share
and Contribution.

(1) – (3) [No Change]

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(4) Objection to Amount of Elective Share. Within 20
days after service of the petition to determine the amount of the
elective share, an interested person may serve an objection to the
amount of or distribution of assets to satisfy the elective share. The
objection must state with particularity the grounds on which the
objection is based. The objecting party must serve copies of the
objection on the surviving spouse and the personal representative.
If an objection is served, the personal representative must promptly
serve a copy of the objection on all interested persons who have not
previously been served.

(5) – (6) [No Change]

(e) [No Change]

Committee Notes

The extensive rewrite of this rule in 2001 is intended to conform it
with and provide procedures to accommodate amendments to
Florida’s elective share statutes. Sections 732.201 et seq., Florida
Statutes. Proceedings to determine entitlement to elective share are
not specific adversary proceedings under rule 5.025(a), but may be
declared adversary at the option of the party. Proceedings to
determine the amount of elective share and contribution are specific
adversary proceedings under rule 5.025(a). Requirements for service
are intended to be consistent with the requirements for formal
notice. Rule 5.040. Service of process may be required to obtain
personal jurisdiction over direct recipients who are not otherwise
interested persons and who have not voluntarily submitted
themselves to the jurisdiction of the court. Rule 5.040(a)(3)(C);
chapter 48, Florida Statutes, Process and Service of Process;
chapter 49, Florida Statutes, Constructive Service of Process. An
inventory of the elective estate should be afforded the same
confidentiality as other estate inventories. Section 733.604(1) and
(2), Florida Statutes. In fulfilling his or hera personal
representative’s obligations under this rule, a personal
representative is not required to make impractical or extended
searches for property entering into the elective estate and the
identities of direct recipients. Preexisting rights to dower and

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curtesy formerly addressed in subdivision (e) of this rule are now
governed by new rule 5.365.

Counsel’s attention is directed to Florida Ethics Opinion 76-
16, dated April 4, 1977, for guidance regarding the duties of an
attorney with respect to spousal rights.

Rule History

1984 Revision-2019 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.340 Inventory.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

Fla. R. App. P. 9.020(h) Definitions.

RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER
CONFERRED

(a) Petition. When authorization or confirmation of the sale
of real property is required, the personal representative shallmust
file a verified petition setting forth the reasons for the sale, a
description of the real property sold or proposed to be sold, and the
price and terms of the sale.

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(b) Order. If the sale is authorized or confirmed, the order
shallmust describe the real property. An order authorizing a sale
may provide for the public or private sale of the real property
described therein the order, in parcels or as a whole. An order
authorizing a private sale shallmust specify the price and terms of
the sale. An order authorizing a public sale shallmust specify the
type of notice of sale to be given by the personal representative.

Committee Notes

[No Change]

Rule History

1984 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.380. COMPULSORY PAYMENT OF DEVISES OR
DISTRIBUTIVE INTERESTS

(a) [No Change]

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(b) Order. If the court finds that the property will not be
required for the purposes set forth in subdivision (a), it may enter
an order describing the property to be surrendered or delivered and
compelling the personal representative, prior tobefore the final
settlement of the personal representative’s accounts, to do one1 or
more of the following:

(1) Ppay all or any part of a devise in money.;

(2) Ddeliver specific personal property within the
personal representative’s custody and control.;

(3) Ppay all or any part of a distributive interest in the
personal estate of a decedent.; or

(4) Ssurrender real property.

(c) [No Change]

Committee Notes
Rule History

1984 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

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RULE 5.385. DETERMINATION OF BENEFICIARIES AND
SHARES

(a) [No Change]

(b) Petition. The petition shallmust include:

(1) – (4) [No Change]

(c) Order. After formal notice and hearing, the court
shallmust enter an order determining the beneficiaries or the
shares and amounts they are entitled to receive, or both.

Committee Notes

[No Change]
Rule History

1988 Revision-2014 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.120 Administrator ad litem and guardian ad
litem.

Fla. Prob. R. 5.205(a)(5) Filing evidence of death.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

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Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.

RULE 5.386. ESCHEAT

(a) Escheat Proceeding. If it appears to the personal
representative that an estate may escheat or there is doubt about
the existence of any person entitled to the estate, the personal
representative shallmust institute a proceeding to determine
beneficiaries within 1 year after letters have been issued to the
personal representative, and notice shallmust be served on the
Department of Legal Affairs. If the personal representative fails to
institute the proceeding within the time fixed, it may be instituted
by the Department of Legal Affairs.

(b) Court’s Report. On or before January 15 of each year,
each court shallmust furnish to the Department of Legal Affairs a
list of all estates being administered in which no person appears to
be entitled to the property and the personal representative has not
instituted a proceeding for the determination of beneficiaries.

(c) Administration. Except as herein provided in this rule,
escheated estates shall beare administered as other estates.

Committee Notes

[No Change]

Rule History

1988 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

- 25 -
Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.385 Determination of beneficiaries and shares.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.400. DISTRIBUTION AND DISCHARGE

(a) Petition for Discharge; Final Accounting. A personal
representative who has completed administration except for
distribution shallmust file a final accounting and a petition for
discharge including a plan of distribution.

(b) Contents.

The petition for discharge shallmust contain a statement:

(1) – (4) [No Change]

(5) showing a plan of distribution which shallmust
include:

(A) – (D) [No Change]

(6) that any objections to the accounting, the
compensation paid or proposed to be paid, or the proposed
distribution of assets must be filed within 30 days from the date of
service of the last of the petition for discharge or final accounting;
and also that within 90 days after filing of the objection, a notice of
hearing thereon the objection must be served or the objection is
abandoned; and

- 26 -
(7) that objections, if any, shallmust be in writing and
shallmust state with particularity the item or items to which the
objection is directed and the grounds on which the objection is
based.

(c) Closing Estate; Extension. The final accounting and
petition for discharge shallmust be filed and served on interested
persons within 12 months after issuance of letters for an estate not
filing a federal estate tax return, otherwise within 12 months from
the date the return is due, unless the time is extended by the court
for cause shown after notice to interested persons. The petition to
extend time shallmust state the status of the estate and the reason
for the extension.

(d) Distribution. The personal representative shallmust
promptly distribute the estate property in accordance with the plan
of distribution, unless objections are filed as provided in these
rules.

(e) Discharge. On receipt of evidence that the estate has
been fully administered and properly distributed, the court
shallmust enter an order discharging the personal representative
and releasing the surety on any bond.

Committee Notes

[No Change]

Rule History

1980 Revision-2013 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

- 27 -
Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.330 Execution by personal representative.

Fla. Prob. R. 5.346 Fiduciary accounting.

Fla. Prob. R. 5.401 Objections to petition for discharge or final
accounting.

Fla. R. Gen. Prac. & Jud. Admin. 2.250(a)(1)(D) Time
standards for trial and appellate courts and reporting requirements.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.401. OBJECTIONS TO PETITION FOR DISCHARGE OR
FINAL ACCOUNTING

(a) – (b) [No Change]

(c) Service. Copies of tThe objections shallmust be served
by the objector on the personal representative and interested
persons not later than 30 days after the last date on which the
petition for discharge or final accounting was served on the
objector.

(d) Hearing on Objections. Any interested person may set a
hearing on the objections. Notice of the hearing shallmust be given
to all interested persons. If a notice of hearing on the objections is
not served within 90 days of filing of the objections, the objections
shall beare deemed abandoned and the personal representative may
make distribution as set forth in the plan of distribution.

- 28 -
(e) Order on Objections. The court shallmust sustain or
overrule any objections to the petition for discharge and final
accounting and shall determine a plan of distribution.

(f) Discharge. On receipt of evidence that the estate has
been distributed according to the plan determined by the court and
the claims of creditors have been paid or otherwise disposed of, the
court shallmust enter an order discharging the personal
representative and releasing the surety on any bond.

Committee Notes
Rule History

1984 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.400 Distribution and discharge.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

- 29 -
RULE 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD

(a) Filing. If the personal representative has recorded a
notice of lien on protected homestead, the personal representative
shallmust file a copy of the recorded notice in the probate
proceeding.

(b) Contents. The notice of lien shallmust contain:

(1) – (4) [No Change]

(c) Service. A copy of tThe recorded notice of lien shallmust
be served on interested persons in the manner provided for service
of formal notice.

Committee Notes
Rule History

2005 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.403 Proceedings to determine amount of lien on
protected homestead.

Fla. Prob. R. 5.404 Notice of taking possession of protected
homestead.

Fla. Prob. R. 5.405 Proceedings to determine protected
homestead status of real property.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

- 30 -
RULE 5.403. PROCEEDINGS TO DETERMINE AMOUNT OF
LIEN ON PROTECTED HOMESTEAD

(a) [No Change]

(b) Contents. The petition shallmust be verified by the
petitioner and shallmust state:

(1) – (5) [No Change]

(c) Service. The petition shallmust be served on interested
persons by formal notice.

Committee Notes
Rule History

2005 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.402 Notice of lien on protected homestead.

Fla. Prob. R. 5.404 Notice of taking possession of protected
homestead.

Fla. Prob. R. 5.405 Proceedings to determine protected
homestead status of real property.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

- 31 -
RULE 5.405. PROCEEDINGS TO DETERMINE PROTECTED
HOMESTEAD STATUS OF REAL PROPERTY

(a) – (d) [No Change]

Committee Notes

[No Change]

Rule History

1984 Revision-2025 Revision [No Change]

2026 Revision: Committee notes revised.

Constitutional Reference

[No Change]

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.205(a)(6) Filing evidence of death.

Fla. Prob. R. 5.340 Inventory.

Fla. Prob. R. 5.404 Notice of taking possession of protected
homestead.

Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
filing of sensitive information.

- 32 -
Fla. R. Gen. Prac. & Jud. Admin 2.516 Service of pleadings
and documents.

RULE 5.406. PROCEEDINGS TO DETERMINE EXEMPT
PROPERTY

(a) [No Change]

(b) Contents. The petition shallmust be verified by the
petitioner and shallmust:

(1) – (2) [No Change]

(c) Order. The court shallmust determine each item of
exempt property and its value, if necessary to determine its exempt
status, and order the surrender of that property to the persons
entitled to it.

Committee Notes

[No Change]

Rule History

1984 Revision-2012 Revision [No Change]

2014 Revision: Subdivision (b)(2) amended to conform to Fla.
R. Gen. Prac. & Jud. Admin.Florida Rule of General Practice and
Judicial Administration 2.425 and provide the year of birth of a
minor. Committee notes revised.

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

- 33 -
Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.420 Disposition of personal property without
administration.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.

RULE 5.407. PROCEEDINGS TO DETERMINE FAMILY
ALLOWANCE

(a) [No Change]

(b) Contents. The petition shallmust be verified by the
petitioner and shallmust:

(1) – (2) [No Change]

(c) Order. The order shallmust identify each adult person’s
name and each minor child’s initials entitled to the allowance, the
amount to which each is entitled, the method of payment, and to
whom payment should be made.

Committee Notes
Rule History

2003 Revision-2019 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

- 34 -
Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.

RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE

(a) [No Change]

(b) Petition for Resignation. The personal representative
seeking to resign shallmust file a petition for resignation. The
petition shallmust be verified and shallmust state:

(1) – (3) [No Change]

(4) whether the appointment of a successor fiduciary is
necessary. If the petition nominates a successor fiduciary, it
shallmust state the nominee’s priority under the Florida Probate
Code, if any, and that the nominee is qualified to serve under the
laws of Florida.

(c) Service. The petition shallmust be served by formal
notice on all interested persons and the personal representative’s
surety, if any.

(d) Appointment of Successor. Before accepting the
resignation, the court shallmust determine the necessity for
appointment of a successor fiduciary. If there is no joint personal
representative serving, the court shallmust appoint a successor
fiduciary.

- 35 -
(e) Acceptance of Resignation. The court may accept the
resignation and revoke the letters of the resigning personal
representative if the interests of the estate are not jeopardized.
Acceptance of the resignation shallmust not exonerate the resigning
personal representative or the resigning personal representative’s
surety from liability.

(f) Delivery of Records and Property. The resigning
personal representative shallmust immediately upon acceptance of
the resignation by the court deliver to the remaining personal
representative or the successor fiduciary all of the records of the
estate and all property of the estate, unless otherwise directed by
the court.

(g) Petition for Discharge; Accounting. The resigning
personal representative shallmust file an accounting and a petition
for discharge within 30 days after the date that the letters of the
resigning personal representative are revoked by the court. The
petition for discharge shallmust be verified and shallmust state:

(1) – (3) [No Change]

(h) Notice, Filing, and Objections to Accounting. Notice
of, filing of, and objections to the accounting of the resigning
personal representative shallmust be as provided in rule 5.345.

(i) Notice of Filing and Objections to Petition for
Discharge.

(1) Notice of filing and a copy of the petition for
discharge shallmust be served on all interested persons. The notice
shallmust state that objections to the petition for discharge must be
filed within 30 days after the later of service of the petition or
service of the accounting on that interested person.

(2) Any interested person may file an objection to the
petition for discharge within 30 days after the later of service of the
petition or service of the accounting on that interested person. Any
objection not filed within such time shall be30 days is deemed
abandoned. An objection shallmust be in writing and shallmust

- 36 -
state with particularity the item or items to which the objection is
directed and the grounds on which the objection is based.

(3) The objecting party shallmust serve a copy of the
objection on the resigning personal representative and other
interested persons.

(4) Any interested person may set a hearing on the
objections. Notice of the hearing shallmust be given to the resigning
personal representative and other interested persons.

(j) Failure to File Accounting or Deliver Records or
Property. The resigning personal representative shall beis subject
to contempt proceedings if the resigning personal representative
fails to file an accounting or fails to deliver all property of the estate
and all estate records under the control of the resigning personal
representative to the remaining personal representative or the
successor fiduciary within the time prescribed by this rule or by
court order.

(k) Discharge. The court shallmust enter an order
discharging the resigning personal representative and releasing the
surety on any bond after the court is satisfied that the resigning
personal representative has delivered all records and property of the
estate to the remaining personal representative or the successor
fiduciary; that all objections, if any, to the accounting of the
resigning personal representative have been withdrawn, abandoned,
or judicially resolved; and that the liability of the resigning personal
representative has been determined and satisfied.

Committee Notes

[No Change]

Rule History

1975 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

- 37 -
[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.310 Disqualification of personal representative;
notification.

Fla. Prob. R. 5.330 Execution by personal representative.

Fla. Prob. R. 5.345 Accountings other than personal
representatives’ final accountings.

Fla. Prob. R. 5.346 Fiduciary accounting.

Fla. Prob. R. 5.401 Objections to petition for discharge or final
accounting.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL
REPRESENTATIVE

(a) Commencement of Proceeding. The court on its own
motion may remove, or any interested person by petition may
commence a proceeding to remove, a personal representative. A
petition for removal shallmust state the facts constituting the
grounds upon which removal is sought, and shallmust be filed in
the court having jurisdiction over the administration of the estate.

(b) Accounting. A removed personal representative
shallmust file an accounting within 30 days after removal.

- 38 -
(c) Delivery of Records and Property. A removed personal
representative shallmust, immediately after removal or within such
time prescribed by court order, deliver to the remaining personal
representative or to the successor fiduciary all of the records of the
estate and all of the property of the estate.

(d) Failure to File Accounting or Deliver Records and
Property. If a removed personal representative fails to file an
accounting or fails to deliver all property of the estate and all estate
records under the control of the removed personal representative to
the remaining personal representative or to the successor fiduciary
within the time prescribed by this rule or by court order, the
removed personal representative shallwill be subject to contempt
proceedings.

Committee Notes

[No Change]

Rule History

1980 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.150 Order requiring accounting.

- 39 -
Fla. Prob. R. 5.310 Disqualification of personal representative;
notification.

Fla. Prob. R. 5.345 Accountings other than personal
representatives’ final accountings.

Fla. Prob. R. 5.346 Fiduciary accounting.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.460. SUBSEQUENT ADMINISTRATION

(a) Petition. If, after an estate is closed, additional property
of the decedent is discovered or if further administration of the
estate is required for any other reason, any interested person may
file a petition for further administration of the estate. The petition
shallmust be filed in the same probate file as the original
administration.

(b) Contents. The petition shallmust state:

(1) – (4) [No Change]

(c) Order. The court shallmust enter such orders as
appropriate. Unless required, the court need not revoke the order of
discharge, reissue letters, or require bond.

Committee Notes

[No Change]

Rule History

1984 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory Reference

- 40 -
[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.475. ANCILLARY ADMINISTRATION,; SHORT FORM

(a) Filing Requirements. The foreign personal
representative of a testate estate that meets the requirements of
section 734.1025, Florida Statutes, may file with the clerk in the
county where any property is located an authenticated copy of so
much of the transcript of the foreign proceedings as will show:

(1) – (4) [No Change]

On presentation of the foregoing, the court shallmust admit
the will and any codicils to probate if they comply with section
732.502(1) or section 732.502(2), Florida Statutes.

(b) [No Change]

(c) Claims Procedure. The procedure for filing or barring
claims and objecting to them and for suing on them shall beis the
same as for other estates, except as provided in this rule.

(d) Order. If no claims are filed against the estate within the
time allowed, the court shallmust enter an order adjudging that
notice to creditors has been duly published and proof thereofof
publication filed and that no claims have been filed against the
estate or that all claims have been satisfied.

- 41 -
(e) Notification of Claims Filed. If any claim is filed against
the estate within the time allowed, the clerk shallmust send to the
foreign personal representative a copy of the claim and a notice
setting a date for a hearing to appoint an ancillary personal
representative. At the hearing, the court shallmust appoint an
ancillary personal representative according to the preferences as
provided by law.

(f) Objections to Claims. If an ancillary personal
representative is appointed pursuant tounder this rule, the
procedure for filing, objecting to, and suing on claims shall beis the
same as for other estates, except that the ancillary personal
representative appointed shall havehas not less than 30 days from
the date of appointment within which to object to any claim filed.

Committee Notes

[No Change]

Rule History

1988 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.065(b) Notice of civil action or ancillary
administration.

- 42 -
Fla. Prob. R. 5.205(a)(2) Filing evidence of death.

Fla. Prob. R. 5.215 Authenticated copy of will.

Fla. Prob. R. 5.240 Notice of administration.

Fla. Prob. R. 5.241 Notice to creditors.

Fla. Prob. R. 5.470 Ancillary administration.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM

(a) Form. A creditor’s statement of claim shallmust be
verified and filed with the clerk and shallmust state:

(1) – (5) [No Change]

(b) Service. The clerk shallmust serve a copy of the claim as
set forth in rule 5.041, to the attorney for the personal
representative, unless all personal representatives file a notice
directing that claims be served on a designated personal
representative or designated attorney of record. Absent designation,
a copy ofthe claim shallmust be served on the attorney for the
personal representative named first in the letters of administration.
The clerk shallmust note the fact and date of service on the
statement of claim pursuant tounder this rule.

(c) Validity of Claim. Failure to deliver or receive a copy of
the claim shallwill not affect the validity of the claim.

(d) [No Change]

(e) Service by Personal Representative. If the personal
representative files a claim individually, or in any other capacity
creating a conflict of interest between the personal representative
and any interested person, then at the time the claim is filed, the
personal representative shallmust serve all interested persons with

- 43 -
a copy of the claim and notice of the right to object to the claim. The
notice shallmust state that an interested person may object to a
claim as provided by law and rule 5.496. Service shallmust be
either by informal notice or in the manner provided for service of
formal notice. Service on one1 interested person by a chosen
method shallwill not preclude service on another interested person
by another method.

Committee Notes

[No Change]

Rule History

1975 Revision-2019 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.241 Notice to creditors.

Fla. Prob. R. 5.470 Ancillary administration.

Fla. Prob. R. 5.475 Ancillary administration,; short form.

Fla. Prob. R. 5.530 Summary administration.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of Pleadings
and Documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.520 Documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic Filing.

- 44 -
RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM

(a) Filing. An objection to a claim, other than 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 or
amendment of the claim, whichever occurs later.

(b) Service. A personal representative or other interested
person who files an objection to the claim shallmust serve a copy of
the objection on the claimant. If the objection is filed by an
interested person other than the personal representative, a copy of
the objection shallmust also be served on the personal
representative. Any objection shallmust include a certificate of
service.

(c) Notice to Claimant. An objection shallmust 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 action as
provided by law.

Committee Notes

[No Change]

Rule History

1992 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.498 Personal representative’s proof of claim.

- 45 -
Fla. Prob. R. 5.499 Form and manner of objecting to personal
representative’s proof of claim.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.498. PERSONAL REPRESENTATIVE’S PROOF OF
CLAIM

(a) Contents. A personal representative’s proof of claim
shallmust state:

(1) – (6) [No Change]

(7) that any objection to a claim listed as to be paid
shallmust be filed no later than 4 months from first publication of
the notice to creditors or 30 days from the date of the filing of the
proof of claim, whichever occurs later.

(b) Service. The proof of claim shallmust be served at the
time of filing, or promptly thereafter filing, on all interested persons.

Committee Notes

[No Change]

Rule History

2005 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents.

- 46 -
Fla. Prob. R. 5.499 Form and manner of objecting to personal
representative’s proof of claim.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

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

(a) – (d) [No Change]

(e) Service. The objector must 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, must also serve a copythe objection on
that claimant at the time of filing or promptly thereafter filing. In
the case of an objection to an item listed as to be paid, the objection
must include a certificate of service.

Committee Notes

[No Change]

Rule History

2005 Revision-2025 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory Reference

[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.496 Form and manner of objecting to claim.

- 47 -
Fla. Prob. R. 5.498 Personal representative’s proof of claim.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR
DESTROYED WILL

(a) Proceeding. The establishment and probate of a lost or
destroyed will shallmust be in one1 proceeding.

(b) Petition. The petition, in addition to reciting information
required under these rules for petition for administration, shallmust
include a statement of the facts constituting grounds on which
relief is sought, and a statement of the contents of the will or, if
available, a copy of the will.

(c) Testimony. The testimony of each witness in the
proceeding shallmust be reduced to writing and filed and may be
used as evidence in any contest of the will if the witness has died or
moved from the state.

(d) Notice. No lost or destroyed will shallmay be admitted to
probate unless formal notice has been given to those who, but for
the will, would be entitled to the devised property thereby devised.

(e) Order. The order admitting the will to probate shallmust
state in full its terms and provisions.

Committee Notes

[No Change]

Rule History

1977 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory Reference

- 48 -
[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.200 Petition for administration.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.530. SUMMARY ADMINISTRATION

(a) Petition. The petition must be verified as required by law
and must contain:

(1) – (8) [No Change]

(9) a statement either;

(A) that all creditors’ claims are barred; or

(B) that a diligent search and reasonable inquiry
for any known or reasonably ascertainable creditors has been made
and one1 of the following:

(i) Aa statement that the estate is not
indebted.; or

(ii) Tthe name and address of each creditor,
the nature of the debt, the amount of the debt and whether the
amount is estimated or exact, and when the debt is due. If provision
for payment of the debt has been made other than for full payment

- 49 -
in the proposed order of distribution, the following information
must be shown:

(a). Tthe name of the person who will
pay the debt.;

(b). Tthe creditor’s written consent for
substitution or assumption of the debt by another person.;

(c). Tthe amount to be paid if the debt
has been compromised.; and

(d). Tthe terms for payment and any
limitations on the liability of the person paying the debt.

(10) – (12) [No Change]

(b) – (d) [No Change]

Committee Notes

[No Change]

Rule History

1977 Revision-2013 Revision [No Change]

2014 Revision: Subdivision (a)(3) amended to provide only the
year of birth of a minor to conform to Fla. R. Gen. Prac. & Jud.
Admin.Florida Rule of General Practice and Judicial Administration
2.425. Committee notes revised.

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

- 50 -
Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.205(a)(3) Filing evidence of death.

Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to and
protection of judicial branch records.

Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
filing of sensitive information.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.620. INVENTORY

(a) Inventory. Within 60 days after issuance of letters, the
guardian of the property shallmust file a verified inventory as
required by law. All property not in the guardian’s possession as of
the date the inventory is filed shallmust be so identified.

(b) Amended or Supplemental Inventory. If the guardian
of the property learns of any property not included in the inventory,
or learns that the description in the inventory is inaccurate, the
guardian shallmust, within 30 days of this discovery, file a verified
amended or supplemental inventory showing the change.

(c) Substantiating Documents. Unless ordered by the
court, the guardian need not file the documents substantiating the
inventory. UpoOn reasonable written request, the guardian of the
property shallmust make the substantiating documents available
for examination to those persons entitled to receive or inspect the
inventory.

(d) Safe-Deposit Box Inventory. If the ward has a safe-
deposit box, a copy of the safe-deposit box inventory shallmust be
filed as part of the verified inventory.

- 51 -
(e) Guardian Advocates. This rule shall applyies to a
guardian advocate to the extent that the guardian advocate was
granted authority over the property of the person with a
developmental disability.

Committee Notes
Rule History

1977 Revision-2016 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.649 Guardian advocate.

Fla. Prob. R. 5.690 Initial guardianship report.

Fla. Prob. R. 5.700 Objection to guardianship reports.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

- 52 -
RULE 5.631. PETITION FOR APPROVAL BY PROFESSIONAL
GUARDIAN FOR ORDER NOT TO RESUSCITATE
OR TO WITHHOLD LIFE-PROLONGING
PROCEDURES

(a) – (d) [No Change]

Committee Notes
Rule History

2023 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.650. RESIGNATION OR DISQUALIFICATION OF
GUARDIAN; APPOINTMENT OF SUCCESSOR

(a) Resignation and Petition for Discharge. A guardian
seeking to resign shallmust file a resignation and petition for
discharge.

(b) Contents. The resignation and petition for discharge
shallmust state:

- 53 -
(1) – (3) [No Change]

(c) Final Report. A resigning guardian of the property
shallmust file a final report showing receipts, disbursements,
amounts reserved for unpaid and anticipated costs and fees, and
other relevant financial information from the date of the previous
annual accounting, and a list of assets to be turned over to the
successor guardian.

(d) Notice. A notice shallmust be served stating that:

(1) any objection shallmust be in writing and shallmust
state with particularity each item to which the objection is directed
and the grounds on which the objection is based;

(2) any objection to the resignation, petition for
discharge, or final report shallmust be filed within 30 days from the
date of service of the petition for discharge; and

(3) within 90 days after filing of the objection, a notice
of hearing thereon shallmust be served or the objection is
abandoned.

(e) Service. A copy of tThe resignation, petition for
discharge, final report, and notice of resignation and petition for
discharge shallmust be served on the ward, any surety on the
guardian’s bond, any successor guardian, and such other persons
as the court may direct.

(f) Objections. Objections shallmust be in the form and be
filed within the time set forth in the notice of resignation and
petition for discharge. A copy of tThe objections shallmust be served
by the objector on the ward, all guardians, any surety on the
guardian’s bond, and any successor guardian.

(g) Disposition of Objections. Any interested person may
set a hearing on the objections. Notice of the hearing shallmust be
served on the guardian, the successor guardian, if any, and any
other interested persons. If a notice of hearing on the objections is

- 54 -
not served within 90 days of filing of the objections, the objections
will be deemed abandoned.

(h) Discharge. The guardian’s resignation shallmust not be
accepted and the guardian shallmust not be discharged until all
objections have been withdrawn, abandoned, or judicially resolved
and a successor guardian has been appointed and duly qualified.
After all objections have been withdrawn, abandoned, or judicially
resolved, if the court is satisfied that the resigning guardian has
faithfully discharged the duties of the guardianship and the
interests of the ward are protected, and the resigning guardian of
the property has delivered the assets of the ward, all guardianship
records, and all money due to the ward from the guardian to the
remaining or successor guardian, the court shallmust enter an
order accepting resignation of guardian and granting discharge.

(i) Disqualification. Any guardian who is improperly
appointed, or who becomes disqualified to act after appointment,
shallmust immediately file a resignation and petition for discharge
and proceed in accordance with this rule.

(j) Nonresident Guardians. Nonresident guardians
appointed before October 1, 1989, shallare not be automatically
disqualified to serve and shallare not be required to resign and
initiate their own removal.

(k) Guardian Advocates. This rule shall applyies to
guardian advocates, except that a final report shall beis required of
a guardian advocate only if the guardian advocate’s authority
included the management of the property of the person with a
developmental disability.

Committee Notes
Rule History

1975 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

- 55 -
[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.649 Guardian advocate.

Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.660. PROCEEDINGS FOR REMOVAL OF GUARDIAN

(a) [No Change]

(b) Accounting. A removed guardian must file with the court
an accounting for the guardianship within 20 days after the
guardian’s removal. A copy of tThe accounting must be served on
the successor guardian and the ward, unless the ward is a minor or
has been determined to be totally incapacitated.

(c) – (e) [No Change]

Committee Notes
Rule History

1977 Revision-2013 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

- 56 -
[No Change]

Rule References

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.649 Guardian advocate.

Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to and
protection of judicial branch records.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.670. TERMINATION OF GUARDIANSHIP ON CHANGE
OF DOMICILE OF RESIDENT WARD

(a) [No Change]

(b) Contents of Petition. The petition for discharge
shallmust state:

(1) – (3) [No Change]

(c) Final Report. The Florida guardian of the property
shallmust file a final report showing receipts, disbursements,
amounts reserved for unpaid and anticipated costs and fees, and
other relevant financial information from the date of the previous
annual accounting, and a list of the assets to be turned over to the
foreign guardian.

(d) Notice. The Florida guardian of the property shallmust
publish a notice as required by law, whichthat shall states:

(1) – (9) [No Change]

- 57 -
(10) that any objection shallmust be in writing and
shallmust state with particularity each item to which the objection
is directed and the grounds on which the objection is based;

(11) that any objection to the final report or the petition
for discharge shallmust be filed within the later of 30 days from the
date of service of the petition for discharge or the date of first
publication of the notice; and

(12) that within 90 days after filing of the objection, a
notice of hearing thereon shallmust be served or the objection is
abandoned.

(e) Service. A copy of tThe petition for discharge and of the
notice of petition for discharge shallmust be served on the foreign
guardian and such other persons as the court may direct.

(f) Objections. Objections shallmust be in the form and be
filed within the time set forth in the notice of petition for discharge.
A copy of tThe objections shallmust be served by the objector on the
Florida guardian and the foreign guardian.

(g) Disposition of Objections. Any interested person may
set a hearing on the objections. Notice of the hearing shallmust be
served on the Florida guardian, the foreign guardian, and any other
interested persons. If a notice of hearing on the objections is not
served within 90 days of filing of the objections, the objections will
be deemed abandoned.

(h) Discharge. The Florida guardian may not be discharged
until all objections have been withdrawn, abandoned, or judicially
resolved. After all objections have been withdrawn, abandoned, or
judicially resolved, if the court is satisfied that the Florida guardian
has faithfully discharged the duties of the guardianship and the
interests of the ward are protected, and the Florida guardian of the
property has delivered the assets of the ward to the foreign
guardian, the court shallmust enter an order of discharge.

Committee Notes
Rule History

- 58 -
1977 Revision-2016 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.680 Termination of guardianship.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.680. TERMINATION OF GUARDIANSHIP

(a) Petition for Discharge. When the ward has become sui
juris, has terminated a voluntary guardianship, has been restored
to capacity, has had all rights restored, or has died, or when the
guardian has been unable to locate the ward after diligent search,
or, for a guardian of the property, when the property subject to the
guardianship has been exhausted, the guardian shallmust file a
petition for discharge. A guardian of the person is discharged
without further proceeding upon filing a certified copy of the ward’s
death certificate.

(b) Contents of Petition. The petition for discharge
shallmust state:

(1) – (3) [No Change]

(c) Final Report. The guardian of the property shallmust
promptly file a final report. If the ward has died, the guardian must

- 59 -
file the report no later than 45 days after he or shethe guardian has
been served with letters of administration, letters of curatorship, or
an order of summary administration. The report shallmust show
receipts, disbursements, amounts reserved for unpaid and
anticipated disbursements, costs, and fees, including the amounts
set forth in subdivision (b)(3), and other relevant financial
information from the date of the previous annual accounting, and a
list of the assets to be turned over to the person entitled to them.

(d) Notice. A notice shallmust be served stating:

(1) that any objection shallmust be in writing and
shallmust state with particularity each item to which the objection
is directed and the grounds on which the objection is based;

(2) that any objection to the final report or the petition
for discharge shallmust be filed within 30 days from the date of
service of the petition for discharge; and

(3) that within 90 days after filing of the objection, a
notice of hearing thereon shallmust be served or the objection is
abandoned.

(e) Service. The guardian applying for discharge shallmust
serve a copy of the petition for discharge and final report on the
ward, on the personal representative of a deceased ward, or if there
are no assets justifying qualification of a personal representative for
the estate of a deceased ward, on the known next of kin of the
deceased ward, or such other persons as the court may direct;
provided however, that a guardian of the property who is
subsequently appointed personal representative shallmust serve a
copy of the petition for discharge and final report on all
beneficiaries of the ward’s estate.

(f) Objections. All persons served shall have 30 days to file
objections to the petition for discharge and final report. The
objections shallmust state with particularity the items to which the
objections are directed and shallmust state the grounds on which
the objections are based. Copies of tThe objections shallmust be
served by the objector on the guardian. Any interested person may

- 60 -
set a hearing on the objections. Notice of the hearing shallmust be
served on the guardian and any other interested persons. If a notice
of hearing on the objections is not served within 90 days of filing of
the objections, the objections will be deemed abandoned. The
guardian may not be discharged until all objections have been
withdrawn, abandoned, or judicially resolved, and the petition for
discharge of the guardian is granted by the court.

(g) Discharge. The guardian may not be discharged until all
objections are withdrawn, abandoned, or judicially resolved. After
all objections are withdrawn, abandoned, or judicially resolved, and
if it appears that the guardian has paid all amounts reserved to the
persons entitled to them and has made full and complete
distribution of the ward’s assets to the persons entitled to them and
has otherwise faithfully discharged the duties of the guardian, the
court shallmust grant the petition for discharge and enter an order
of discharge. If objections are filed and are not withdrawn,
abandoned, or judicially resolved, the court shallmust conduct a
hearing in the same manner as for a hearing on objections to
annual guardianship plans. After hearing, if the court is satisfied
that the guardian has faithfully discharged the duties of the
guardianship and the interests of the ward are protected, and the
guardian has rendered a complete and accurate final report and
has delivered the assets of the ward to the person entitled to them,
the court shallmust enter an order of discharge.

Committee Notes
Rule History

1975 Revision-2012 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.040 Notice.

- 61 -
Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.552 Voluntary guardianship of property.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.690. INITIAL GUARDIANSHIP REPORT

(a) Contents and Filing. An initial guardianship report
shallmust be filed within 60 days after the issuance of letters of
guardianship. The guardian of the property shallmust file the initial
guardianship report consisting of the verified inventory. The
guardian of the person shallmust file the initial guardianship report
consisting of the guardianship plan.

(b) Service. Copies of tThe initial guardianship report
shallmust be served on the ward, unless the ward is a minor under
the age of 14 years or is totally incapacitated, and the attorney for
the ward, if any. With approval of the court, service on the ward
may be accomplished by serving the attorney for the ward.

Committee Notes

[No Change]

Rule History

1991 Revision-2016 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

- 62 -
[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.620 Inventory.

Fla. Prob. R. 5.700 Objection to guardianship reports.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

RULE 5.695. ANNUAL GUARDIANSHIP REPORT

(a) Contents and Filing.

(1) Guardian of the Person. Unless the court requires
reporting on a calendar-year basis, the guardian of the person
shallmust file an annual guardianship plan within 90 days after the
last day of the anniversary month in which the letters of
guardianship were signed. The plan shallmust include the mailing
address, phone number, and e-mail address of the guardian, and:

(A) – (B) [No Change]

The plan must cover the coming fiscal year ending on the last day of
such anniversary month. If the court requires calendar-year
reporting, the guardianship plan for the forthcoming year must be
filed on or before April 1 of each year.

- 63 -
(2) Guardian of the Property. Unless the court requires
or authorizes reporting on a fiscal year basis, the guardian of the
property shallmust file an annual accounting on or before April 1 of
each year. The plan shallmust include the mailing address, phone
number, and e-mail address of the guardian, and:

(A) – (B) [No Change]

The annual accounting shallmust cover the preceding annual
accounting period. If the court requires or authorizes reporting on a
fiscal year basis, the annual accounting shallmust be filed on or
before the first day of the fourth month after the end of the fiscal
year.

(b) Service. Copies of tThe annual plan and accounting
shallmust be served on the ward, unless the ward is a minor or is
totally incapacitated, and the attorney for the ward, if any. With the
approval of the court, service on the ward may be accomplished by
serving the attorney for the ward. The guardian shallmust serve
copies on such other persons as the court may direct.

Committee Notes

[No Change]

Rule History

1975 Revision-2019 Revision [No Change]

2026 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.041 Service of pleadings and documents.

- 64 -
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.552 Voluntary guardianship of property.

Fla. Prob. R. 5.555 Guardianships of minors.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.700 Objection to guardianship reports.

Fla. Prob. R. 5.800(b) Application of revised chapter 744 to
existing guardianships.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

- 65 -