Fla. Prob. R. 5.407 · Part II. — PROBATE
PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE
Text — October 1, 2026 edition
(a) Petition. An interested person may file a petition to determine family allowance.
(b) Contents. The petition must be verified by the petitioner and must:
(1) state the names and addresses of the decedent’s surviving spouse and the decedent’s adult lineal heirs and the initials, address, and year of birth of the decedents’ lineal heirs who are minors and who were being supported by the decedent or who were entitled to be supported by the decedent at the time of the decedent’s death; and
(2) for each person for whom an allowance is sought, state the adult person’s name, or minor child’s initials, and relationship to the decedent, the basis on which the allowance is claimed, and the amount sought.
(c) Order. The order must 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.
Notes and commentary — not rule text
Committee Notes
Rule History
2003 Revision: New rule.
2012 Revision: Editorial change in (b)(1) for gender neutrality. Committee notes revised.
2014 Revision: Subdivisions (b)(1) and (b)(2) are amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
2019 Revision: Subdivision (c) is revised to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
2026 Revision: Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents. § 732.403, Fla. Stat. Family allowance. 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. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf (PDF pages 194–196)
- Text hash
- sha256 282413af271d89f7bd9213689e176f4cbacbcda4d9de5f7be1c2ca9287e2075b
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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.