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Not legal advice. BenchPath provides procedural information compiled from official public sources. BenchPath's materials are not a substitute for the advice of an attorney or for attorney judgment; they create no attorney–client relationship and do not guarantee acceptance of any filing by any court. Court sources change without notice — verify urgent deadlines with the court, the clerk, or the judicial assistant. Every rule card shows its source, confidence level, and last-verified date; treat anything below high confidence as a lead, not an answer.

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Florida Probate Rules · BenchPath

Fla. Prob. R.

Florida Probate Rules

October 1, 2026 edition. 123 rules of 123 in the edition's own bookmarks. Published by The Florida Bar (rules index); rules adopted by the Supreme Court of Florida.

Florida
Law Library
Florida Probate Rules

Official index: https://www.floridabar.org/rules/ctproc/

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Words from the text, or a citation such as § 90.803 or Fla. R. Civ. P. 1.510

Part I. — GENERAL

Rule 5.010SCOPE
Rule 5.015GENERAL DEFINITIONS
Rule 5.020PLEADINGS; VERIFICATION; MOTIONS
Rule 5.025ADVERSARY PROCEEDINGS
Rule 5.030ATTORNEYS
Rule 5.040NOTICE
Rule 5.041SERVICE OF PLEADINGS AND DOCUMENTS
Rule 5.042TIME
Rule 5.043DEPOSIT OF WILLS AND CODICILS
Rule 5.050TRANSFER OF PROCEEDINGS
Rule 5.060REQUEST FOR NOTICES AND COPIES OF PLEADINGS
Rule 5.065NOTICE OF CIVIL ACTION OR ANCILLARY ADMINISTRATION
Rule 5.080DISCOVERY AND SUBPOENA
Rule 5.095GENERAL AND SPECIAL MAGISTRATES
Rule 5.100RIGHT OF APPEAL
Rule 5.110ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE
Rule 5.120ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM
Rule 5.122CURATORS
Rule 5.150ORDER REQUIRING ACCOUNTING
Rule 5.160PRODUCTION OF ASSETS
Rule 5.170EVIDENCE
Rule 5.171EVIDENCE OF DEATH
Rule 5.180WAIVER AND CONSENT

Part II. — PROBATE

Rule 5.200PETITION FOR ADMINISTRATION
Rule 5.201NOTICE OF PETITION FOR ADMINISTRATION
Rule 5.205FILING EVIDENCE OF DEATH
Rule 5.210PROBATE OF WILLS WITHOUT ADMINISTRATION
Rule 5.215AUTHENTICATED COPY OF WILL
Rule 5.216WILL WRITTEN IN FOREIGN LANGUAGE
Rule 5.230COMMISSION TO PROVE WILL
Rule 5.235ISSUANCE OF LETTERS, BOND
Rule 5.240

Part III. — GUARDIANSHIP

Rule 5.540HEARINGS
Rule 5.541RECORDING OF HEARINGS
Rule 5.550PETITION TO DETERMINE INCAPACITY
Rule 5.552VOLUNTARY GUARDIANSHIP OF PROPERTY
Rule 5.555GUARDIANSHIPS OF MINORS
Rule 5.560PETITION FOR APPOINTMENT OF GUARDIAN OF AN INCAPACITATED PERSON
Rule 5.590APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING
Rule 5.600OATH

Part IV. — EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES

Rule 5.900EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES

Part V. — FORMS

Rule 5.901FORM FOR PETITION TO DETERMINE INCAPACITY MODEL FORM FOR USE IN PETITION TO DETERMINE INCAPACITY PURSUANT TO FLORIDA PROBATE RULE 5.550
Rule 5.902FORM FOR PETITION AND ORDER OF GUARDIAN
Rule 5.903LETTERS OF GUARDIANSHIP
Rule 5.904FORMS FOR INITIAL AND ANNUAL GUARDIANSHIP PLANS
Rule 5.905FORM FOR PETITION; NOTICE; AND ORDER FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON
Rule 5.906LETTERS OF GUARDIAN ADVOCACY
Rule 5.910INVENTORY
Rule 5.920FORMS RELATED TO INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.

NOTICE OF ADMINISTRATION

Rule 5.2405SERVICE OF NOTICE OF ADMINISTRATION ON PERSONAL REPRESENTATIVE

Rule 5.241NOTICE TO CREDITORS

Rule 5.260CAVEAT; PROCEEDINGS

Rule 5.270REVOCATION OF PROBATE

Rule 5.275BURDEN OF PROOF IN WILL CONTESTS

Rule 5.310DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION

Rule 5.320OATH OF PERSONAL REPRESENTATIVE

Rule 5.330EXECUTION BY PERSONAL REPRESENTATIVE

Rule 5.340INVENTORY

Rule 5.341ESTATE INFORMATION

Rule 5.342INVENTORY OF SAFE-DEPOSIT BOX

Rule 5.3425SEARCH OF SAFE DEPOSIT BOX

Rule 5.345ACCOUNTINGS OTHER THAN PERSONAL REPRESENTATIVES’ FINAL ACCOUNTINGS

Rule 5.346FIDUCIARY ACCOUNTING

Rule 5.350CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE

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

Rule 5.360ELECTIVE SHARE

Rule 5.365PETITION FOR DOWER

Rule 5.370SALES OF REAL PROPERTY WHERE NO POWER CONFERRED

Rule 5.380COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS

Rule 5.385DETERMINATION OF BENEFICIARIES AND SHARES

Rule 5.386ESCHEAT

Rule 5.395NOTICE OF FEDERAL ESTATE TAX RETURN

Rule 5.400DISTRIBUTION AND DISCHARGE

Rule 5.401OBJECTIONS TO PETITION FOR DISCHARGE OR FINAL ACCOUNTING

Rule 5.402NOTICE OF LIEN ON PROTECTED HOMESTEAD

Rule 5.403PROCEEDINGS TO DETERMINE AMOUNT OF LIEN ON PROTECTED HOMESTEAD

Rule 5.404NOTICE OF TAKING POSSESSION OF PROTECTED HOMESTEAD

Rule 5.405PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD STATUS OF REAL PROPERTY

Rule 5.406PROCEEDINGS TO DETERMINE EXEMPT PROPERTY

Rule 5.407PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE

Rule 5.420DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION

Rule 5.425DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY IN SMALL ESTATES

Rule 5.430RESIGNATION OF PERSONAL REPRESENTATIVE

Rule 5.440PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE

Rule 5.460SUBSEQUENT ADMINISTRATION

Rule 5.470ANCILLARY ADMINISTRATION

Rule 5.475ANCILLARY ADMINISTRATION; SHORT FORM

Rule 5.490FORM AND MANNER OF PRESENTING CLAIM

Rule 5.496FORM AND MANNER OF OBJECTING TO CLAIM

Rule 5.498PERSONAL REPRESENTATIVE’S PROOF OF CLAIM

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

Rule 5.510ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL

Rule 5.530SUMMARY ADMINISTRATION

Rule 5.610

EXECUTION BY GUARDIAN

Rule 5.620INVENTORY

Rule 5.625NOTICE OF COMPLETION OF GUARDIAN EDUCATION REQUIREMENTS

Rule 5.630PETITION FOR APPROVAL OF ACTS

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

Rule 5.635PETITION FOR EXTRAORDINARY AUTHORITY

Rule 5.636SETTLEMENT OF MINORS’ CLAIMS

Rule 5.640CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE OF WARD

Rule 5.645MANAGEMENT OF PROPERTY OF NONRESIDENT WARD BY FOREIGN GUARDIAN

Rule 5.646STANDBY GUARDIANS

Rule 5.647SURROGATE GUARDIAN

Rule 5.648EMERGENCY TEMPORARY GUARDIAN

Rule 5.649GUARDIAN ADVOCATE

Rule 5.650RESIGNATION OR DISQUALIFICATION OF GUARDIAN; APPOINTMENT OF SUCCESSOR

Rule 5.660PROCEEDINGS FOR REMOVAL OF GUARDIAN

Rule 5.670TERMINATION OF GUARDIANSHIP ON CHANGE OF DOMICILE OF RESIDENT WARD

Rule 5.680TERMINATION OF GUARDIANSHIP

Rule 5.681RESTORATION OF RIGHTS OF PERSON WITH DEVELOPMENTAL DISABILITY

Rule 5.685DETERMINATION REGARDING ALTERNATIVES TO GUARDIANSHIP

Rule 5.690INITIAL GUARDIANSHIP REPORT

Rule 5.695ANNUAL GUARDIANSHIP REPORT

Rule 5.696GUARDIAN ACCOUNTING

Rule 5.697MAGISTRATES’ REVIEW OF GUARDIANSHIP INVENTORIES, ACCOUNTINGS, AND PLANS

Rule 5.700OBJECTION TO GUARDIANSHIP REPORTS

Rule 5.705PETITION FOR INTERIM JUDICIAL REVIEW

Rule 5.710REPORTS OF PUBLIC GUARDIAN

Rule 5.720COURT MONITOR

Rule 5.725EMERGENCY COURT MONITOR

Rule 5.800APPLICATION OF REVISED CHAPTER 744 TO EXISTING GUARDIANSHIPS

Rule 5.930AFFIDAVIT OF QUALIFIED CUSTODIAN OF ELECTRONIC WILL STATE OF FLORIDA COUNTY OF