19th Cir. — judge-sherwood-bauer-jr__Probate-Rules-07-01-25.pdf: published requirements

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Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. HEARING TIME & ARGUMENT LIMITS • July 1, 2025 Florida Probate Rules 5 RULE 5.425. DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY IN SMALL ESTATES ........... 195 RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE .. 199 RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE .................................................................... 204 RULE 5.460. SUBSEQUENT ADMINISTRATION .......................... 206 RULE 5.470. ANCILLARY ADMINISTRATION ............................... 208 RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM ....... 211 RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM....... 213 RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM ... 217 RULE 5.498. PERSONAL REPRESENTATIVE’S PROOF OF CLAIM .............................................................................. 218 RULE 5.499. FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE’S PROOF OF CLAIM ..................................... 220 RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL .................................................................... 222 RULE 5.530. SUMMARY ADMINISTRATION ................................ 224 PART III — GUARDIANSHIP ....................................................... 228 RULE 5.540. HEARINGS ............................................................. 228 RULE 5.541. RECORDING OF HEARINGS ................................... 229 RULE 5.550. PETITION TO DETERMINE INCAPACITY ................. 230 RULE 5.555. GUARDIANSHIPS OF MINORS ................................ 236 RULE 5.552. VOLUNTARY GUARDIANSHIP OF PROPERTY ......... 241 • July 1, 2025 Florida Probate Rules 19 § 732.526, Fla. Stat. Probate. § 736.0103, Fla. Stat. Definitions. § 738.102, Fla. Stat. Definitions. § 739.102, Fla. Stat. Definitions. § 744.102, Fla. Stat. Definitions. RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS (a) Forms of Pleading. Pleadings shall be signed by the attorney of record, and by the pleader when required by these rules. All technical forms of pleadings are abolished. No defect of form impairs substantial rights, and no defect in the statement of jurisdictional facts actually existing renders any proceeding void. (b) Petition. A petition shall contain a short and plain statement of the relief sought, the grounds therefor, and the jurisdiction of the court where the jurisdiction has not already been shown. (c) Motions. Any other application to the court for an order shall be by written motion, unless made orally during a hearing or trial. The motion shall state with particularity the grounds therefor and shall set forth the relief or order sought. (d) Rehearing. A motion for rehearing of any order or judgment shall be served not later than 15 days after the date of filing the order or judgment with the clerk as shown on the face of the order or judgment. (e) Verification. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.” • July 1, 2025 Florida Probate Rules 23 (8) to construe, reform, or modify a will; (9) to cancel a devise; (10) to partition property for the purposes of distribution; (11) to determine pretermitted status or pretermitted share; (12) to determine amount of elective share; and (13) to determine elective share contribution. (b) Declared Adversary Proceedings. Other proceedings may be declared adversary by service on interested persons of a separate declaration that the proceeding is adversary. (1) If served by the petitioner, the declaration must be served with the petition to which it relates. (2) If served by the respondent, the declaration and a written response to the petition must be served at the earlier of: (A) within 20 days after service of the petition, or (B) before the hearing date on the petition. (3) When the declaration is served by a respondent, the petitioner must promptly serve formal notice on all other interested persons. (c) Adversary Status by Order. The court may determine any proceeding to be an adversary proceeding at any time. (d) Notice and Procedure in Adversary Proceedings. (1) Petitioner must serve formal notice, except as provided in proceedings under section 825.1035, Florida Statutes. • July 1, 2025 Florida Probate Rules 31 § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. § 744.3085, Fla. Stat. Guardian advocates. Rule References Fla. Prob. R. 5.041(b) 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) Effect of Service of Formal Notice. After service of formal notice, informal notice of any hearing on the pleading or motion must be served on interested persons, provided that if no written defense is served within 20 days after service of formal • July 1, 2025 Florida Probate Rules 38 § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.502, Fla. Stat. Resignation of personal representative. § 733.613, Fla. Stat. Personal representative’s right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. ch. 743, Fla. Stat. Disability of nonage of minors removed. § 744.106, Fla. Stat. Notice. § 744.301, Fla. Stat. Natural guardians. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval. § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. Proceedings for removal of a guardian. 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. • July 1, 2025 Florida Probate Rules 42 § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.447, Fla. Stat. Petition for authorization to act. ch. 751, Fla. Stat. Temporary custody of minor children by extended family. 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. • July 1, 2025 Florida Probate Rules 43 Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.042. TIME (a) Computation. Computation of time shall be governed by Florida Rule of General Practice and Judicial Administration 2.514. (b) Enlargement. When an act is required or allowed to be done at or within a specified time by these rules, by order of court, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (2) on motion made and notice, after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect. The court under this rule may not extend the time for serving a motion for rehearing or enlarge any period of time governed by the Florida Rules of Appellate Procedure. (c) Service for Hearings. A copy of any written petition or motion which may not be heard ex parte and a copy of the notice of the hearing thereon shall be served a reasonable time before the time specified for the hearing. (d) Additional Time After Service by Mail or E-mail. Florida Rule of General Practice and Judicial Administration 2.514(b) shall apply to the computation of time following service, except for documents served by formal notice or in the manner provided for service of formal notice. Committee Notes This rule is derived from Florida Rule of Civil Procedure 1.090. Rule History • July 1, 2025 Florida Probate Rules 56 (c) Reference. No referral shall be made to a magistrate without the consent of the parties. When a referral is made to a magistrate, either party may set the action for hearing before the magistrate. (d) General Powers and Duties. Every magistrate shall act under the direction of the court. Process issued by a magistrate shall be directed as provided by law. All grounds for disqualification of a judge shall apply to magistrates. (e) Bond. When not otherwise provided by law, the court may require magistrates who are appointed to dispose of real or personal property to give bond and surety conditioned for the proper payment of all money that may come into their hands and for the due performance of their duties. The bond shall be made payable to the State of Florida and shall be for the benefit of all persons aggrieved by any act of the magistrate. (f) Hearings. Hearings before any magistrate may be held in the county where the action is pending or at any other place by order of the court for the convenience of the witnesses or the parties. The magistrate shall assign a time and place for proceedings as soon as reasonably possible after a referral is made and give notice to all parties. If any party fails to appear, the magistrate may proceed ex parte or may continue the hearing to a future day, with notice to the absent party. The magistrate shall proceed with reasonable diligence and the least practicable delay. Any party may apply to the court for an order directing the magistrate to accelerate the proceedings and to make a report promptly. Evidence shall be taken in writing or by electronic recording by the magistrate or by some other person under the magistrate’s authority in the magistrate’s presence and shall be filed with the magistrate’s report. The magistrate may examine and take testimony from the parties and their witnesses under oath on all matters contained in the referral and may require production of all books, papers, writings, vouchers, and other documents applicable to those matters. The magistrate shall admit only evidence that would be admissible in court. The magistrate may • July 1, 2025 Florida Probate Rules 63 (5) the facts showing the necessity for the appointment of a guardian ad litem. (c) Notice. Within 10 days after appointment, the petitioner shall 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 shall serve conformed copies of any written report or finding of the guardian ad 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 shall 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 shall be enforced as other judgments. Execution shall issue in favor of the administrator ad litem or guardian ad litem for the use of the estate or ward and the money collected shall be paid to the personal representative or guardian, or as otherwise ordered by the court. (g) Claim of Personal Representative. The fact that the personal representative is seeking reimbursement for claims against the decedent paid by the personal representative does not require appointment of an administrator ad litem. Committee Notes • July 1, 2025 Florida Probate Rules 67 (e) Inventory and Accounting. The curator shall file an inventory within 30 days after issuance of letters of curatorship. When the personal representative is appointed, the curator shall account for and deliver all estate assets in the curator’s possession to the personal representative within 30 days after issuance of letters of administration. (f) Petition to Reconsider. If a curator has been appointed without notice, any interested party who did not receive notice may, at any time, petition to reconsider the appointment. (g) Subject to Other Provisions. Curators shall be subject to the provisions of these rules and other applicable law concerning personal representatives. Committee Notes This rule implements of the procedure found in section 733.501, Florida Statutes, as amended in 1997 and 2001. The rule has been modified, in part, to reflect the addition of new rule 5.241 regarding notice to creditors. Because the fundamental concern of curatorship is protection of estate property, the procedure facilitates speed and flexibility while recognizing due process concerns. It is not intended that this rule change the effect of the statute from which it has been derived, but the rule has been reformatted to conform to the structure of these rules. Furthermore, the Committee does not intend to create a new procedure, except that subdivision (d) specifies certain acts that the court may authorize the curator to perform. This specificity of example, while not included in the statute, is not intended to limit the authorized acts to those specified in the rule. The appointment of a curator without notice is tantamount to a temporary injunction. Thus, due process considerations suggest an expedited hearing to reconsider the appointment of a curator by any interested party who did not receive notice. Rule History 1988 Revision: New rule. • July 1, 2025 Florida Probate Rules 70 § 744.3678, Fla. Stat. Annual accounting. § 744.3685, Fla. Stat. Order requiring guardianship report; contempt. § 744.369, Fla. Stat. Judicial review of guardianship reports. § 744.467, Fla. Stat. Resignation of guardian. § 744.511, Fla. Stat. Accounting upon removal. § 744.517, Fla. Stat. Proceedings for contempt. § 744.521, Fla. Stat. Termination of guardianship. § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. § 744.527, Fla. Stat. Final reports and applications for discharge; hearing. Rule References Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.650 Resignation or disqualification of guardian; appointment of successor. Fla. Prob. R. 5.660 Proceedings for removal of guardian. Fla. Prob. R. 5.670 Termination of guardianship on change of domicile of resident ward. Fla. Prob. R. 5.680 Termination of guardianship. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. Prob. R. 5.695 Annual guardianship report. Fla. Prob. R. 5.696 Annual accounting. • July 1, 2025 Florida Probate Rules 82 (3) Summary administration: at any time prior to entry of the order of summary administration. (4) Disposition without administration: at the time of filing the application for disposition without administration. (5) Determination of beneficiaries: at any time prior to entry of the final judgment determining beneficiaries. (6) Determination of protected homestead: at any time prior to entry of the final judgment determining protected homestead status of real property. (7) Probate of will without administration: at any time prior to entry of the order admitting will to probate. (b) Waiver. On verified petition by the personal representative, if any, or the petitioner the court may enter an order dispensing with this rule, without notice or hearing. (c) Authority to Require Filing. The court may, without notice or hearing, enter an order requiring the personal representative, if any, or the petitioner to file a copy of an official record of death at any time during the proceedings. Committee Notes A short form certificate of death, which does not disclose the cause of death, should be filed. Rule History 1980 Revision: This rule is intended to provide a uniform procedure for filing an official record of death in any judicial or statutory proceeding upon the death of a decedent. The court may, upon ex parte application, waive compliance with this rule or require filing at any stage in the proceedings. 1984 Revision: Captions and minor editorial changes. Committee notes revised. • July 1, 2025 Florida Probate Rules 160 (A) Petition for Approval. Before filing the election, the agent or guardian of the property of the surviving spouse must petition the court having jurisdiction of the probate proceeding for approval to make the election. The petition for approval must allege the authority to act on behalf of the surviving spouse and facts supporting the election. (B) Notice of Petition. Upon receipt of the petition, the personal representative must promptly serve a copy of the petition by formal notice on all interested persons. (C) Order Authorizing Election. If the election is approved, the order must include a finding that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime. (D) Filing the Election. Upon 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) Extension. Within the period provided by law to make the election, the surviving spouse or an agent or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election or for approval to make the election. After notice and hearing the court for good cause shown may extend the time for election. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension. (2) Withdrawal of Election. The surviving spouse, an agent, a guardian of the property of the surviving spouse, or the personal representative of the surviving spouse’s estate may withdraw the election within the time provided by law. • July 1, 2025 Florida Probate Rules 161 (3) Service of Notice. Upon 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) persons receiving a notice of election may be required to contribute toward the satisfaction of the elective share; (B) objections to the election must be served within 20 days after service of the copy of the notice of election; and (C) if no objection to the election is timely served, an order determining the surviving spouse’s entitlement to the elective share may be granted without further notice. (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) Determination of Entitlement. (1) No Objection Served. If no objection to the election is timely served, the court must enter an order determining the spouse’s entitlement to the elective share. (2) Objection Served. If an objection to the election is timely served, the court must determine the surviving spouse’s entitlement to the elective share after notice and hearing. • July 1, 2025 Florida Probate Rules 163 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) Determination of Amount of Elective Share and Contribution. (A) No Objection Served. If no objection is timely served to the petition to determine the amount of the elective share, the court must enter an order on the petition. (B) Objection Served. If an objection is timely served to the petition to determine the amount of the elective share, the court must determine the amount of the elective share and contribution after notice and hearing. (6) Order Determining Amount of Elective Share and Contribution. The order must: (A) set forth the amount of the elective share; (B) identify the assets to be distributed to the surviving spouse in satisfaction of the elective share; and (C) if contribution is necessary, specify the amount of contribution for which each direct recipient is liable. (e) Relief from Duty to Enforce Contribution. A petition to relieve the personal representative from the duty to enforce contribution must state the grounds on which it is based and notice must be served on interested persons. 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 • July 1, 2025 Florida Probate Rules 168 Statutes, involving bad faith actions by the personal representative. Note provision for attorneys’ fees. Rule History 1984 Revision: Extensive changes. Notice of hearing on any petition concerning sale of real property is required by statute unless waived. The requirement to record a certified copy of the order approving sale of real estate in each county where the real property or any part thereof is situated has been deleted. Committee notes revised and expanded. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Editorial changes. 2012 Revision: Committee notes revised. Statutory References § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.610, Fla. Stat. Sale, encumbrance or transaction involving conflict of interest. § 733.613(1), Fla. Stat. Personal representative’s right to sell real property. § 733.810, Fla. Stat. Distribution in kind; valuation. 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. • July 1, 2025 Florida Probate Rules 171 (1) the names, residences, and post office addresses of all persons who may have an interest, except creditors of the decedent, known to the petitioner or ascertainable by diligent search and inquiry; (2) a statement of the nature of the interest of each person; (3) designation of any person believed to be a minor or incapacitated, and whether any person so designated is under legal guardianship in this state; (4) a statement as to whether petitioner believes that there are, or may be, persons whose names are not known to petitioner who have claims against, or interest in, the estate as beneficiaries. (c) Order. After formal notice and hearing, the court shall enter an order determining the beneficiaries or the shares and amounts they are entitled to receive, or both. Committee Notes This rule represents a rule implementation of the procedure formerly found in section 733.105, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Subdivision (c) added to implement procedure formerly found in section 733.105(2), Florida Statutes. Committee notes revised. • July 1, 2025 Florida Probate Rules 176 (A) a schedule of all prior distributions; (B) the property remaining in the hands of the personal representative for distribution; (C) a schedule describing the proposed distribution of the remaining assets; and (D) the amount of funds retained by the personal representative to pay expenses that are incurred in the distribution of the remaining assets and termination of the estate administration; (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 must be served or the objection is abandoned; and (7) that objections, if any, shall be in writing and shall 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 shall 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 shall state the status of the estate and the reason for the extension. (d) Distribution. The personal representative shall 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 shall • July 1, 2025 Florida Probate Rules 179 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) Objections. An interested person may object to the petition for discharge or final accounting within 30 days after the service of the later of the petition or final accounting on that interested person. (b) Contents. Written objections to the petition for discharge or final accounting must state with particularity the items to which the objections are directed and must state the grounds on which the objections are based. (c) Service. Copies of the objections shall 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 shall 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 be deemed abandoned and the personal representative may make distribution as set forth in the plan of distribution. • July 1, 2025 Florida Probate Rules 180 (e) Order on Objections. The court shall 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 shall enter an order discharging the personal representative and releasing the surety on any bond. Committee Notes Rule History 1984 Revision: New rule. Objections to the petition for discharge or final accounting were formerly under prior rule 5.400. Clarifies procedure for objections. 1988 Revision: Editorial changes in (a). Committee notes revised. Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (d) amended to clarify that 90-day period pertains to service of hearing notice, not the actual hearing date. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 731.201(12), (23), Fla. Stat. General definitions. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. • July 1, 2025 Florida Probate Rules 194 (3) the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses for the last 60 days of the last illness together with accompanying statements or payment receipts; and (4) each requested payment or distribution of personal property. (b) Exempt Property. If the decedent’s personal property includes exempt property, or property that can be determined to be exempt property, the application must also be signed by all persons entitled to the exempt property or by their representative. (c) Preparation. On request, the clerk shall assist the applicant in the preparation of the required writing. (d) Disposition. If the court is satisfied that disposition without administration is appropriate, the court may, without hearing, by letter or other writing authorize the payment, transfer, or disposition of the decedent’s personal property to those persons entitled to it. Committee Notes Section 732.402, Florida Statutes, requires persons entitled to exempt property, which excludes property specifically or demonstratively devised, to file timely a petition to determine exempt property. Accordingly, disposition of personal property under this rule should not be granted if decedent’s personal property includes exempt property without all persons entitled thereto agreeing to such disposition. Rule History 1977 Revision: Permits the clerk to perform limited ministerial acts in the completion of the application. 1984 Revision: Editorial changes. Delineates the required contents of the application. Committee notes revised. • July 1, 2025 Florida Probate Rules 201 (i) Notice of Filing and Objections to Petition for Discharge. (1) Notice of filing and a copy of the petition for discharge shall be served on all interested persons. The notice shall 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 be deemed abandoned. An objection shall be in writing and shall 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 shall 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 shall 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 be 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 shall 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; • July 1, 2025 Florida Probate Rules 212 (e) Notification of Claims Filed. If any claim is filed against the estate within the time allowed, the clerk shall 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 shall 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 to this rule, the procedure for filing, objecting to, and suing on claims shall be the same as for other estates, except that the ancillary personal representative appointed shall have not less than 30 days from the date of appointment within which to object to any claim filed. Committee Notes This rule represents a rule implementation of the procedure found in section 734.1025, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Deletion of reference to intestate estates in subdivision (a) to conform to 2001 amendments to section 734.1025, Florida Statutes. Editorial changes throughout. 2012 Revision: Committee notes revised. Statutory References • July 1, 2025 Florida Probate Rules 226 (12) a schedule of proposed distribution of all probate assets and the person to whom each asset is to be distributed. (b) Service. The joinder in, or consent to, a petition for summary administration is not required of a beneficiary who will receive full distributive share under the proposed distribution. Any beneficiary and any known or reasonably ascertainable creditor not joining or consenting must receive formal notice of the petition. (c) Testate Estate. In a testate estate, on the filing of the petition for summary administration, the decedent’s will must be proved and admitted to probate. (d) Order. If the court determines that the decedent’s estate qualifies for summary administration, it must enter an order distributing the probate assets and specifically designating the person to whom each asset is to be distributed. Committee Notes Verification and service of a petition for summary administration are governed by rules 5.020, 5.040, and 5.041. Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive. Nothing in this rule is intended to change the effect of the statutory amendments. Rule History 1977 Revision: Changes to conform to 1975 statutory revision. Established the requirements of a petition for summary administration and provided for the hearing thereon and the entry of the order of distribution of the assets. 1984 Revision: Extensive revisions and editorial changes. Committee notes revised. 1988 Revision: Editorial change in caption of (a). Committee notes revised. • July 1, 2025 Florida Probate Rules 228 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. 5.205(a)(3) Filing evidence of death. Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to 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. PART III — GUARDIANSHIP RULE 5.540. HEARINGS (a) Application. All hearings under chapter 744 and under section 393.12, Florida Statutes, shall be open unless the alleged incapacitated person, adjudicated ward, or person alleged to have a developmental disability elects to have the hearing closed. (b) Election. An election to close a hearing may be made before the hearing by filing a written notice. Subject to the court’s approval, an election to close or reopen a hearing may be made at any time during the hearing by oral or written motion. Committee Notes This rule permits an alleged incapacitated person, adjudicated ward, or person alleged to have a developmental disability to elect to have all hearings open or closed at any time by oral or written election. Rule History • July 1, 2025 Florida Probate Rules 229 1991 Revision: New rule. 1992 Revision: Committee notes revised. 2008 Revision: Subdivision (a) amended to include persons with a developmental disability. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.1095, Fla. Stat. Hearings. § 744.3085, Fla. Stat. Guardian advocates. Rule Reference Fla. Prob. R. 5.541 Recording of hearings. RULE 5.541. RECORDING OF HEARINGS Electronic or stenographic recordings shall be made of all hearings on the: (a) adjudication of incapacity; (b) appointment of a guardian; (c) modification, termination, or revocation of the adjudication of incapacity; (d) restoration of capacity; or (e) restoration of rights. Committee Notes This rule represents a rule implementation of the procedure found in sections 744.109 and 744.3031, Florida Statutes. It is not intended to change the effect of the statutes from which it is • July 1, 2025 Florida Probate Rules 230 derived, or to create a new procedure or modify an existing procedure. Rule History 1991 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form change in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: New subdivision (e) added for proceedings involving guardian advocates. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.109, Fla. Stat. Records. § 744.3031, Fla. Stat. Emergency temporary guardianship. § 744.3085, Fla. Stat. Guardian advocates. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. RULE 5.550. PETITION TO DETERMINE INCAPACITY (a) Contents. The petition to determine incapacity must be verified by the petitioner and must state: (1) the name, age, and present address of the petitioner and the petitioner’s relationship to the alleged incapacitated person; (2) the name, age, county of residence, and present address of the alleged incapacitated person, and specify the primary language spoken by the alleged incapacitated person, if known; • July 1, 2025 Florida Probate Rules 232 (A) the time and place of the hearing to inquire into the capacity of the alleged incapacitated person; (B) that an attorney has been appointed to represent the alleged incapacitated person; and (C) that if the court determines that the alleged incapacitated person is incapable of exercising any of the rights enumerated in the petition a guardian may be appointed. (2) Service on Alleged Incapacitated Person. The notice and a copy of the petition to determine incapacity must be personally served by an elisor appointed by the court, who may be the court-appointed counsel for the alleged incapacitated person. The elisor must read the notice and petition to the alleged incapacitated person. A return of service must be filed by the elisor certifying that the notice and petition have been served on and read to the alleged incapacitated person. No responsive pleading is required and no default may be entered for failure to file a responsive pleading. The allegations of the petition are deemed denied. (3) Service on Others. A copy of the petition and the notice must also be served on counsel for the alleged incapacitated person, and on all next of kin. (c) Verified Statement. An interested person may file a verified statement that states: (1) that the interested person has a good faith belief that the alleged incapacitated person’s trust, trust amendment, or durable power of attorney is invalid; and (2) facts constituting a reasonable basis for that belief. (d) Order. When an order determines that a person is incapable of exercising delegable rights, it must specify whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person. • July 1, 2025 Florida Probate Rules 233 (e) Reports. (1) Filing. Each member of the examining committee must file the examining committee member’s report with the clerk of the court within 15 days after appointment. (2) Service. Within 3 days after receipt of each examining committee member’s report, the clerk must serve the report on the petitioner and the attorney for the alleged incapacitated person by e-mail or United States mail, and, on service, must file a certificate of service in the incapacity proceeding. The petitioner and the attorney for the alleged incapacitated person must be served with all reports at least 10 days before the hearing on the petition, unless the reports are not complete, in which case the petitioner and attorney for the alleged incapacitated person may waive the 10-day requirement and consent to the consideration of the report by the court at the adjudicatory hearing. If service is not timely effectuated, the petitioner or the alleged incapacitated person may move for a continuance of the hearing. (3) Objections. The petitioner and the alleged incapacitated person may object to the introduction into evidence of all or any portion of the examining committee members’ reports by filing and serving a written objection on the other party no later than 5 days before the adjudicatory hearing. The objection must state the basis on which the challenge to admissibility is made. If an objection is timely filed and served, the court must apply the rules of evidence in determining the reports’ admissibility. For good cause shown, the court may extend the time to file and serve the written objection. (f) Adjudicatory Hearing. On appointment of the examining committee, the court must set the date on which the petition will be heard. The adjudicatory hearing must be conducted within at least 10 days, which time period may be waived, but no more than 30 days after the filing of the last filed report of the examining committee members, unless good cause is shown. • July 1, 2025 Florida Probate Rules 235 2016 Revision: Subdivision (a)(8) added to require the disclosure of whether there are possible alternatives to guardianship known to the petitioner. Committee notes revised. 2017 Revision: Adopts new subdivisions (e)(1)–(e)(3) to address statutory changes in sections 744.331(3)(e), (3)(h), and (3)(i), Florida Statutes, regarding filing, service, and objections to examining committee members’ reports. Adopts new subdivision (f) to address statutory changes regarding the timing of the adjudicatory hearing in section 744.331(5)(a), Florida Statutes. Committee notes revised. 2020 Revision (September): Amends subdivision (a)(8) to address the Judicial Management Council Guardianship Workgroup Final Report dated June 15, 2018, Focus Area 1, Recommendation 3, by requiring an explanation if there are less restrictive alternatives to guardianship, but they are not sufficient to meet the needs of the alleged incapacitated person. Committee notes revised. 2020 Revision (December): Statutory references amended. 2024 Revision: Subdivision (b)(2) amended to conform to section 744.331(1), Florida Statutes. Committee notes revised. 2024 Revision: New subdivision (a)(9) adopted to conform to section 744.3201(2)(d), Florida Statutes. Committee notes revised. Statutory References § 709.2104, Fla. Stat. Durable power of attorney. § 709.2109, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. § 744.1012, Fla. Stat. Legislative intent. § 744.104, Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian. § 744.3115, Fla. Stat. Advance directives for health care. • July 1, 2025 Florida Probate Rules 236 § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.441(1)(k), Fla. Stat. Powers of guardian upon court approval. § 744.462, Fla. Stat. Determination regarding alternatives to guardianship. § 765.102, Fla. Stat. Legislative intent and findings. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040(a)(3) Notice. Fla. Prob. R. 5.800(a) Application of revised chapter 744 to existing guardianships. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the filing of sensitive information. RULE 5.555. GUARDIANSHIPS OF MINORS (a) Application. This rule shall apply to any guardianship for a minor. (b) Petition to Determine Incapacity. No petition to determine incapacity need be filed. (c) Petition for Appointment of Guardian. The petition shall be verified by the petitioner and shall state: (1) the facts to establish venue; (2) the petitioner’s residence and post office address; • July 1, 2025 Florida Probate Rules 238 (2) The guardian shall file an initial and annual guardianship plan as required by law. (3) Unless otherwise ordered by the court or required by law, the guardian need not serve a copy of the initial guardianship report and the annual guardianship reports on the ward. (f) Inspection of Inventory or Accounting. Unless otherwise ordered by the court for good cause shown, any inventory, amended or supplementary inventory, or accounting is subject to inspection only by the clerk, the ward or the ward’s attorney, and the guardian or the guardian’s attorney. Committee Notes The provisions of chapter 744, Florida Statutes, and the guardianship rules enacted in 1989 leave some uncertainty with respect to the procedural requirements in guardianships for minors who are not incapacitated persons. This rule is intended to address only certain procedures with respect to the establishment and administration of guardianships over minors. The committee believes that certain provisions of the guardianship law and rules apply to both guardianships of minors as well as guardianships of incapacitated persons and no change has been suggested with respect to such rules. Because no adjudication of a minor is required by statute, it is contemplated that appointment of a guardian for a minor may be accomplished without a hearing. Initial and annual guardianship reports for minors have been simplified where all assets are on deposit with a designated financial institution under applicable Florida law. Rule History 1991 Revision: New rule adopted to apply to guardianships over minors who are not incapacitated persons. 1992 Revision: Committee notes revised. Citation form changes in committee notes. • July 1, 2025 Florida Probate Rules 240 § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. Annual accounting. § 744.3679, Fla. Stat. Simplified accounting procedures in certain cases. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.541 Recording of hearings. Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person. Fla. Prob. R. 5.620 Inventory. Fla. Prob. R. 5.636 Settlement of minors’ claims. Fla. Prob. R. 5.690 Initial guardianship report. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. • July 1, 2025 Florida Probate Rules 241 RULE 5.552. VOLUNTARY GUARDIANSHIP OF PROPERTY (a) Petition for Appointment of Guardian. The petition for voluntary guardianship shall be verified by the petitioner and shall state: (1) the facts to establish venue; (2) the petitioner’s residence and post office address; (3) that the petitioner although mentally competent is incapable of the care, custody, and management of the petitioner’s estate by reason of age or physical infirmity, and is voluntarily petitioning to have a guardian of the petitioner’s property appointed; (4) whether the guardianship shall apply to all of the petitioner’s property or less than all of the petitioner’s property; and if less than all of the petitioner’s property, the specific property to which the guardianship is to apply; (5) the name and residence and post office address of any proposed guardian; (6) that the proposed guardian is qualified to serve or that a willing and qualified proposed guardian has not been located; and (7) the names and post office addresses of persons to whom the petitioner requests that notice of the hearing for the appointment of the guardian, and any petition for authority to act, be given. (b) Certificate of Licensed Physician. The petition shall be accompanied by a certificate of a licensed physician as required by law. (c) Notice of Hearing. Notice of hearing on the petition for appointment, and any petition for authority to act, shall be given to • July 1, 2025 Florida Probate Rules 244 (11) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the registration requirements of section 744.2002, Florida Statutes. (b) Notice. Notice of filing the petition for appointment of guardian may be served as a part of the notice of filing the petition to determine incapacity, but shall be served a reasonable time before the hearing on the petition or other pleading seeking appointment of a guardian. (c) Service on Public Guardian. If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision: Change in committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334, Florida Statutes. 1984 Revision: Combines rule 5.560 and part of prior rule 5.570. Editorial changes and committee notes revised. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1989 Revision by Ad Hoc Committee: Subdivision (a)(4) of the former rule has been deleted altogether because the date and court of adjudication will probably not be known at the time of filing the petition for the appointment since petition for appointment will • July 1, 2025 Florida Probate Rules 245 henceforth be filed contemporaneously with the petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 and 744.331(1), Florida Statutes, and 1990 technical amendments. Subdivision (c)(1) deleted because rule 5.555(d) addresses service on parents. 1992 Revision: Citation form changes in committee notes. 1996 Revision: Deletes requirement in subdivision (a) to report social security number of alleged incapacitated person. Adds provision to subdivision (b) for notice before hearing when petition is not served simultaneously with petition to determine incapacity. 2000 Revision: Deletes requirement in subdivision (a) to report social security number of proposed guardian. 2003 Revision: Committee notes revised. 2006 Revision: New (a)(9) added to incorporate 2006 passage of section 744.462, Florida Statutes. Subdivision (a)(10) added to implement section 744.1083, Florida Statutes. Committee notes revised. 2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(4) – (5) provides exceptions for using the birth date of any minor “whenever the birth date is necessary for the court to establish or maintain subject matter jurisdiction,” as well as using the full name in situations in which the “name of the minor in any order relating to parental responsibility, time-sharing, or child support.” Committee notes revised. 2016 Revision: Subdivision (a)(9) revised to require the disclosure of whether there are possible alternatives to guardianship known to the petitioner. Committee notes revised. 2016 Revision: Subdivision (a)(10) amended to reflect the renumbering of the statute from section 744.1083 to section • July 1, 2025 Florida Probate Rules 247 § 744.3115, Fla. Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. § 744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.446 Fla. Stat. Conflict of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.462, Fla. Stat. Determination regarding alternatives to guardianship. § 765.102, Fla. Stat. Legislative intent and findings. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.550 Petition to determine incapacity. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING (a) Individual Applicants. (1) The application for appointment shall contain: • July 1, 2025 Florida Probate Rules 248 (A) the applicant’s qualifications to serve as a guardian, including a statement indicating whether the applicant has ever been (i) arrested or (ii) convicted of a felony, even if the record of such arrest or conviction has been expunged, unless the expunction was ordered pursuant to section 943.0583, Florida Statutes; and (B) the names of all wards who are adults and the initials of any ward who is a minor for whom the applicant is then acting as guardian, the court file number and circuit court in which each case is pending, and a statement as to whether the applicant is acting as a limited or plenary guardian of the person or property, or both, of each ward. (2) The application for appointment shall be filed and served a reasonable time before the hearing on the appointment of a guardian. (b) Nonprofit Corporate Guardians. (1) No application for appointment shall be required of a nonprofit corporate guardian. (2) A disclosure statement shall contain: (A) the corporation’s qualifications to serve as a guardian; and (B) the names of all wards who are adults and the initials of any ward who is a minor for whom the corporation is then acting as guardian, the court file number and circuit court in which each case is pending, and a statement as to whether the corporation is acting as a limited or plenary guardian of the person or property, or both, of each ward. (3) The disclosure statement of a nonprofit corporate guardian shall be filed quarterly with the clerk of the court for each circuit in which the corporation has been appointed, or is seeking appointment, as guardian. • July 1, 2025 Florida Probate Rules 250 Statutory References § 393.063(17), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions. § 744.3085, Fla. Stat. Guardian advocates. § 744.309, Fla. Stat. Who may be appointed guardian of a resident ward. § 744.3125, Fla. Stat. Application for appointment. § 744.331(1), Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. § 943.0583, Fla. Stat. Human trafficking victim expunction. § 943.0585, Fla. Stat. Court-ordered expunction of criminal history records. Rule References Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. RULE 5.600. OATH Every guardian or emergency temporary guardian shall take an oath to perform faithfully the duties of guardian or emergency temporary guardian before exercising such authority. The oath may be incorporated in the petition for appointment of guardian, or petition for appointment of emergency temporary guardian, if verified by the prospective guardian. Committee Notes • July 1, 2025 Florida Probate Rules 253 § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. Annual accounting. § 744.387, Fla. Stat. Settlement of claims. § 744.441, Fla. Stat. Powers of guardian upon court approval. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.447, Fla. Stat. Petition for authorization to act. § 744.451, Fla. Stat. Order. § 744.467, Fla. Stat. Resignation of guardian. § 744.511, Fla. Stat. Accounting upon removal. § 744.521, Fla. Stat. Termination of guardianship. § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. § 744.527(1), Fla. Stat. Final reports and application for discharge; hearing. § 744.534, Fla. Stat. Disposition of unclaimed funds held by guardian. RULE 5.620. INVENTORY (a) Inventory. Within 60 days after issuance of letters, the guardian of the property shall file a verified inventory as required by law. All property not in the guardian’s possession as of the date the inventory is filed shall be so identified. • July 1, 2025 Florida Probate Rules 256 § 744.384, Fla. Stat. Subsequently discovered or acquired property. 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. RULE 5.625. NOTICE OF COMPLETION OF GUARDIAN EDUCATION REQUIREMENTS (a) Filing. Unless the guardian education requirement is waived by the court, each guardian, other than a professional guardian, shall file with the court within 4 months after the issuance of letters of guardianship or letters of guardian advocacy a notice of completion of guardian education requirements. (b) Content. The notice shall state: (1) that the guardian has completed the required number of hours of course instruction and training covering the legal duties and responsibilities of a guardian, the rights of a ward, the availability of local resources to aid a ward, and the preparation of habilitation plans and annual guardianship reports, including accountings; • July 1, 2025 Florida Probate Rules 259 1975 Revision: Substantially the same as sections 744.503, 744.447, and 744.451, Florida Statutes, with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.447(2), Florida Statutes. 1988 Revision: Editorial changes; captions added to subdivisions. Committee notes revised. Citation form changes in rule and committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Changes to conform to 1989 revised guardianship law. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2006 Revision: New (a)(6) added to incorporate 2006 amendment to section 744.441, Florida Statutes. New (c)(3) added to reflect passage of 2006 amendment to section 737.2065, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. 2008 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2020 Revision: Subdivision (a)(2) is created to address section 744.441(2), Florida Statutes, and the contents of a petition for court approval for a guardian to sign an order not to resuscitate. Subdivision (d) is created to include the procedure for a hearing pursuant to section 744.441(2), Florida Statutes. 2023 Revision: Subdivisions (a)(2) and (d) were deleted as section 744.441(2), Florida Statutes was repealed. Reference to • July 1, 2025 Florida Probate Rules 261 RULE 5.631. PETITION FOR APPROVAL BY PROFESSIONAL GUARDIAN FOR ORDER NOT TO RESUSCITATE OR TO WITHHOLD LIFE-PROLONGING PROCEDURES (a) Contents. (1) When authorization for any act of the professional guardian is required under section 744.4431, Florida Statutes, application must be made by verified petition stating the facts showing: (A) a description of the proposed action or decision for which court approval is sought; (B) documentation of the authority of the professional guardian to make health care decisions on behalf of the ward; (C) a statement regarding any known objections to the relief sought; (D) a description of the ward’s known wishes, including all advance directives executed by the ward, or, if there is no indication of the ward’s wishes, a description of why the relief sought is in the best interests of the ward; (E) a description of exigent circumstances that exist which necessitate immediate relief; and (F) a description of the circumstances requiring the proposed action or decision, which must include supporting documents that are consistent with sections 765.305, 765.401(3), or 765.404, Florida Statutes. (b) Notice. Notice of the petition and of any hearing must be served on the ward, the ward’s attorney, if any, the ward’s next of kin, and any other interested persons which includes persons who • July 1, 2025 Florida Probate Rules 262 have filed requests for notices and copies of pleadings. The provision of notice may be waived by the court. (c) Hearing. (1) The court must hold a hearing if: (A) the ward or the ward’s attorney, if any, objects to the petition; (B) the ward’s next of kin or an interested person objects for any reason authorized by section 765.105(1), Florida Statutes; (C) the professional guardian, the ward, or the ward’s attorney, if any, requests a hearing; or (D) the petition has insufficient information for the court to make a determination. (2) On a showing a hearing is required and exigent circumstances exist, a preliminary hearing on the petition must be held with 72 hours of filing. At the conclusion of the hearing, the court must rule on the petition or set it for an evidentiary hearing within 4 days. (d) Order. (1) If the petition is granted, the order must describe the permitted act and authorize the professional guardian to perform the act. (2) If the petition is denied, the order must state the reasons for the denial. Committee Notes Rule History • July 1, 2025 Florida Probate Rules 263 2023 Revision: Rule adopted to address the enactment of section 744.4431, Florida Statutes. Statutory References § 744.4431, Fla. Stat. Guardianship power regarding life- prolonging procedures. 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 5.635. PETITION FOR EXTRAORDINARY AUTHORITY (a) Contents. When authorization for extraordinary authority is sought as permitted by law, application shall be made by verified petition stating: (1) the petitioner’s interest in the proceeding; (2) the specific authority requested; and (3) the facts constituting the basis for the relief sought and that the authority being requested is in the best interest of the ward. (b) Notice. (1) The petition shall be served by formal notice. For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing. • July 1, 2025 Florida Probate Rules 264 (2) The petition shall be served on the guardian of the person, if the guardian is not the petitioner, the ward, the next of kin, if any, those interested persons who have filed requests for notices and copies of pleadings, and such other persons as the court may direct. (c) Hearing. The hearing shall be at a time and place that will enable the ward to express the ward’s views to the court. Committee Notes Rule History 1991 Revision: New rule. 1992 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.3215(4), Fla. Stat. Rights of persons determined incapacitated. § 744.3725, Fla. Stat. Procedure for extraordinary authority. RULE 5.636. SETTLEMENT OF MINORS’ CLAIMS (a) Time of Settlement. Claims on behalf of minors may be settled either before or after an action is filed. (b) Petition. The petition for approval of a settlement shall contain: (1) the initials, residence address, and the year of birth of the minor; • July 1, 2025 Florida Probate Rules 266 amount payable equals or exceeds $50,000, without reduction to reflect present value or fees and costs. (f) Report. A guardian ad litem appointed with respect to a proposed settlement affecting the interests of a minor shall, not later than 5 days prior to the hearing on a petition for order authorizing settlement, file and serve a report indicating the guardian ad litem’s determination regarding whether the proposed settlement will be in the best interest of the minor. The report shall include: (1) a statement of the facts of the minor’s claim and the terms of the proposed settlement, including any benefits to any persons or parties with related claims; (2) a list of the persons interviewed and documents reviewed by the guardian ad litem in evaluating the minor’s claim and proposed settlement; and (3) the guardian ad litem’s analysis of whether the proposed settlement will be in the best interest of the minor. A copy of the report shall be served on those persons on whom service is required in subdivision (c) of this rule. Committee Notes When a civil action is pending, the petition for approval of settlement should be filed in that civil action. In all other circumstances, the petition for approval of settlement should be filed in the same court and assigned to a judge who would preside over a petition for appointment of guardian of a minor. The total settlement to be considered under subdivisions (d) and (e) is not limited to the amounts received only by the minor, but includes all settlement payments or proceeds received by all parties to the claim or action. For example, the proposed settlement may have a gross value of $60,000, with $30,000 payable to the minor and $30,000 payable to another party. In that instance the total • July 1, 2025 Florida Probate Rules 272 guardian of the person or property of the minor. The petition shall be verified by the petitioner and shall state: (A) the facts to establish venue; (B) the petitioner’s residence and post office address; (C) the name, age, and residence and post office address of the minor; (D) the names and addresses of the parents of the minor and, if none, the next of kin known to the petitioner; (E) the name and residence and post office address of the proposed standby guardian, and that the proposed standby guardian is qualified to serve; (F) the proposed standby guardian’s relationship to and any previous association with the minor; (G) the reasons why the proposed standby guardian should be appointed; and (H) the nature and value of the property subject to the guardianship. (2) Notice and Waiver of Notice. Notice of the hearing on the petition must be served on the parents, natural or adoptive, of the minor and on any guardian for the minor. Notice may be waived by those required to receive notice or by the court for good cause. (b) Petition for Appointment of Standby Guardian for Incapacitated Person. (1) Contents. A currently serving guardian may petition for the appointment of a standby guardian of the person or property of an incapacitated person. The petition shall be verified by the petitioner and shall state: • July 1, 2025 Florida Probate Rules 273 (A) the petitioner’s residence and post office address; (B) the name, age, and residence and post office address of the incapacitated person; (C) the nature of the incapacity, the extent of guardianship, either limited or plenary, and the nature and value of property subject to the guardianship; (D) the names and addresses of the next of kin of the incapacitated person known to the petitioner; (E) the name and residence and post office address of the proposed standby guardian, and that the proposed standby guardian is qualified to serve; (F) the proposed standby guardian’s relationship to and any previous association with the incapacitated person; and (G) the reasons why the proposed standby guardian should be appointed. (2) Notice. Notice of the hearing on the petition must be served on the incapacitated person’s next of kin. (c) Petition for Confirmation. (1) Contents. A standby guardian, not later than 20 days after the assumption of duties as guardian, shall petition for confirmation of appointment. The petition shall be verified by the petitioner and shall state: (A) the petitioner’s residence and post office address; (B) the name, age, and residence and post office address of the adult incapacitated person or initials, year of birth, and residence address of minor; • July 1, 2025 Florida Probate Rules 274 (C) the nature of the incapacity, the extent of guardianship, either limited or plenary, and the nature and value of property subject to the guardianship; (D) the names and addresses of the next of kin of the incapacitated person or minor known to the petitioner; (E) the name and residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve; (F) the proposed guardian’s relationship to and any previous association with the incapacitated person or minor; (G) the reasons why appointment of the proposed guardian should be confirmed; and (H) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the educational requirements of section 744.2002, Florida Statutes. (2) Service. The petition for confirmation and notice of hearing shall be served on the incapacitated person’s next of kin a reasonable time before the hearing on the petition or other pleading seeking confirmation of the guardian. Committee Notes The standby guardian must file an oath pursuant to rule 5.600 before commencing the exercise of authority as guardian. Prior to appointment, the standby guardian must file an application pursuant to rule 5.590. Section 393.12(10), Florida Statutes, provides that a guardian advocate shall have all of the duties, responsibilities, and powers of a guardian under Chapter 744, Florida Statutes. However, section 744.304 authorizes the appointment of a standby guardian only for a minor or incapacitated person. • July 1, 2025 Florida Probate Rules 277 (1) the petitioner’s residence and post office address; (2) the name, age, and residence and post office address of the alleged incapacitated person; (3) that there appears to be imminent danger that the physical or mental health or safety of the alleged incapacitated person will be seriously impaired or that the alleged incapacitated person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken; (4) the nature of the emergency and the reason immediate action must be taken; (5) the extent of the emergency temporary guardianship, either limited or plenary, requested for the alleged incapacitated person, and, if known, the nature and value of the property to be subject to the emergency temporary guardianship; (6) the names and addresses of the next of kin of the alleged incapacitated person known to the petitioner; (7) the name and residence and post office address of the proposed emergency temporary guardian, and that the proposed emergency temporary guardian is qualified to serve, or that a willing and qualified emergency temporary guardian has not been located, and; (8) the proposed emergency temporary guardian’s relationship to or any previous association with the alleged incapacitated person. (b) Notice. Notice of filing of the petition for appointment of an emergency temporary guardian and hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given. • July 1, 2025 Florida Probate Rules 281 documents, an explanation as to why the documents are insufficient to meet the needs of the individual; (9) whether the petitioner has knowledge, information, or belief that the person with a developmental disability has a preneed guardian designation; (10) whether authority is sought to seek periodic support of the person with a developmental disability; and (11) whether the person with a developmental disability uses assistance to exercise the rights of the person, including, but not limited to, supported decisionmaking agreements, and if so, why the assistance is inappropriate or insufficient to allow the person to independently exercise the person’s rights. (b) Notice. (1) Notice of the filing of the petition must be given to the person with a developmental disability, both verbally and in writing, in the language of the person and in English. Notice must also be given to the person with a developmental disability’s next of kin, any designated health care surrogate, an agent designated in a durable power of attorney, and any other persons as the court may direct. The petition to appoint a guardian advocate must be served with the notice. (2) The notice must state that a hearing will be held to inquire into the capacity of the person with a developmental disability to exercise the rights enumerated in the petition. The notice must also state the date of the hearing on the petition. (3) The notice must state that the person with a developmental disability has the right to be represented by counsel of the person’s own choice and, the court must initially appoint counsel. (c) Counsel. Within 3 days after a petition has been filed, the court must appoint an attorney to represent a person with a • July 1, 2025 Florida Probate Rules 285 § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla. Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will; notice to physician. § 765.401, Fla. Stat. The proxy. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.540 Hearings. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. RULE 5.650. RESIGNATION OR DISQUALIFICATION OF GUARDIAN; APPOINTMENT OF SUCCESSOR (a) Resignation and Petition for Discharge. A guardian seeking to resign shall file a resignation and petition for discharge. (b) Contents. The resignation and petition for discharge shall state: (1) that the guardian wishes to resign and be relieved of all duties as guardian: (2) the amount of compensation to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian; and (3) the names and addresses of the successor guardian and the successor guardian’s attorney, or that a successor guardian has not yet been appointed or duly qualified. • July 1, 2025 Florida Probate Rules 286 (c) Final Report. A resigning guardian of the property shall 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 shall be served stating that: (1) any objection shall be in writing and shall 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 shall 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 shall be served or the objection is abandoned. (e) Service. A copy of the resignation, petition for discharge, final report, and notice of resignation and petition for discharge shall 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 shall be in the form and be filed within the time set forth in the notice of resignation and petition for discharge. A copy of the objections shall 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 shall be served on the guardian, the successor guardian, if any, 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. • July 1, 2025 Florida Probate Rules 293 (4) the name and address of the guardian and the guardian’s attorney; (5) the name and address of the foreign guardian and the foreign guardian’s attorney, if any; (6) the date of first publication; (7) that a petition for discharge has been filed upon the grounds of change of domicile of the ward; (8) the date the guardian will apply for discharge; (9) that the jurisdiction of the ward will be transferred to the foreign jurisdiction; (10) that any objection shall be in writing and shall 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 shall 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 shall be served or the objection is abandoned. (e) Service. A copy of the petition for discharge and of the notice of petition for discharge shall be served on the foreign guardian and such other persons as the court may direct. (f) Objections. Objections shall be in the form and be filed within the time set forth in the notice of petition for discharge. A copy of the objections shall 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 shall be served • July 1, 2025 Florida Probate Rules 294 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 shall enter an order of discharge. Committee Notes Rule History 1977 Revision: Change in committee notes to conform to statutory renumbering. 1984 Revision: Adds 30-day requirement for filing objections. Editorial changes and committee notes revised. 1988 Revision: Editorial change in (c). First and last sentences of (d) deleted and clarifying word added. 1989 Revision: Prior rule adopted as temporary emergency rule. 1991 Revision: Substantial revision of entire rule to harmonize with procedure for discharge of guardian under rule 5.680 and to conform to section 744.524, Florida Statutes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2007 Revision: Subdivision (i) deleted because right of waiver is substantive. Committee notes revised. 2008 Revision: Committee notes revised. • July 1, 2025 Florida Probate Rules 297 (3) that within 90 days after filing of the objection, a notice of hearing thereon shall be served or the objection is abandoned. (e) Service. The guardian applying for discharge shall 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 shall 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 shall state with particularity the items to which the objections are directed and shall state the grounds on which the objections are based. Copies of the objections shall be served by the objector on the guardian. Any interested person may set a hearing on the objections. Notice of the hearing shall 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 shall grant the petition for discharge and enter an order of discharge. If objections are filed and are not withdrawn, abandoned, • July 1, 2025 Florida Probate Rules 298 or judicially resolved, the court shall 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 shall enter an order of discharge. Committee Notes Rule History 1975 Revision: Implements sections 744.527 and 744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto. 1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial revision of entire rule to harmonize with procedure for discharge of personal representatives under rules 5.400 and 5.401. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Editorial changes to clarify that all anticipated costs and fees should be shown on final report and thereafter paid prior to transfer of assets and discharge of guardian. • July 1, 2025 Florida Probate Rules 299 2003 Revision: Subdivision (a) amended to reflect addition of rule 5.552 dealing with voluntary guardianship of property. Committee notes revised. 2006 Revision: Subdivision (c) amended to conform to 2006 amendments to section 744.527, Florida Statutes. Subdivision (h) deleted as unnecessary because substantive right of waiver is provided by section 731.302, Florida Statutes. 2008 Revision: Reference to restoration of rights added in subdivision (a). Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.521, Fla. Stat. Termination of guardianship. § 744.527, Fla. Stat. Final reports and application for discharge; hearing. § 744.528, Fla. Stat. Discharge of guardian named as personal representative. § 744.531, Fla. Stat. Order of discharge. § 744.534, Fla. Stat. Disposition of unclaimed funds held by guardian. 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. 5.552 Voluntary guardianship of property. • July 1, 2025 Florida Probate Rules 301 listed in the suggestion, the clerk must immediately send notice of the filing of the suggestion, together with the suggestion, to the person with a developmental disability, the person’s guardian advocate, the person’s attorney, the attorney for the guardian advocate, if any, and any other interested person as directed by the court. The notice must contain a statement that all objections to the suggestion must be filed within 20 days after service of the notice. Formal notice must be served on the guardian advocate. Informal notice may be served on the other persons. Notice need not be served on the petitioner. The clerk must file proof of service. (d) Objections. Any objection must be in writing and must state with particularity each item to which the objection is directed and the grounds on which the objection is based. The objector must serve notice of hearing on the objection and the objection on the person with the developmental disability, the person’s attorney, the person’s guardian advocate, the attorney for the guardian advocate, if any, the next of kin of the person with a developmental disability, and any other interested persons as directed by the court. (e) Order. The court must enter an order denying the suggestion or restoring all or some of the rights that were granted to the guardian advocate. If only some rights are restored to the person with a developmental disability, the order must state which rights are restored and amend the letters of guardian advocacy accordingly. The court need not hold a hearing before entering an order restoring rights if no objections are filed and the court is satisfied with the evidentiary support for restoration supplied by the petitioner. (f) Additional Requirements. If personal rights are restored, the guardian advocate must file an amended plan within 60 days after the order restoring rights. If all property rights are restored, a guardian advocate previously granted management or control over property must file a final accounting within 60 days after the order restoring rights. Any amended plan and accounting must be promptly served on the person with a developmental disability and the person’s attorney. • July 1, 2025 Florida Probate Rules 303 § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla. Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will; notice to physician. § 765.401, Fla. Stat. The proxy. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.540 Hearings. Fla. Prob. R. 5.541 Recording of hearings. Fla. Prob. R. 5.680 Termination of guardianship. RULE 5.685. DETERMINATION REGARDING ALTERNATIVES TO GUARDIANSHIP (a) Reporting by Guardian. The guardian shall promptly file a report attaching a copy of a final order or judgment that determines the validity of a ward’s durable power of attorney, trust, or trust amendment. (b) Petition. At any time after the appointment of a guardian, the guardian, the ward, the ward’s attorney, if any, or any other interested person may file a verified petition stating that there is an alternative to guardianship that will sufficiently address the problems of the ward. (c) Contents of Petition. The petition to determine alternatives to guardianship shall state: (1) the petitioner’s interest in the proceeding; and (2) the facts constituting the basis for the relief sought and that the proposed alternative to guardianship will sufficiently address the problems of the ward and is in the ward’s best interest. • July 1, 2025 Florida Probate Rules 308 guardian of the property could seek an order under section 744.371(5), Florida Statutes, even if the ward’s circumstances were set out in detail in a pleading other than the annual guardianship report. Such court order may be sought in appropriate circumstances at the time of the initial hearing to determine incapacity. Rule History 1975 Revision: Substantially the same as section 744.427(1), (2), and (4), Florida Statutes, and section 744.437, Florida Statutes, with editorial changes and providing for the waiving, by a ward who has become sui juris or by the personal representative of a deceased ward, of the filing of an annual accounting. The rule requires the guardian of the property of a ward to appear before the court at the time he files his annual accounting or at such time the court shall determine in order that the court may inquire as to any matter relating to the physical and financial well-being of the ward. This appears to be in conflict with section 744.437, Florida Statutes, which refers to “every guardian” but in the same sentence it refers to “at the time the guardian files his annual return” and only the guardian of the property is required to file an annual accounting. 1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1980 Revision: Subdivision (e) amended to avoid conflict with statutory changes in section 744.437, Florida Statutes (1979). 1988 Revision: Matter in (b) deleted; covered in sections 744.427(2) and 744.434, Florida Statutes. Subdivision (c) deleted; covered in section 744.427(4), Florida Statutes. Captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial changes and rule renumbered. • July 1, 2025 Florida Probate Rules 328 RULE 5.697. MAGISTRATES’ REVIEW OF GUARDIANSHIP INVENTORIES, ACCOUNTINGS, AND PLANS (a) General Magistrates. The court may appoint general magistrates to review guardianship inventories, accountings, and plans. General magistrates shall be members of The Florida Bar and shall continue in office until removed by the court. The order appointing a general magistrate shall be recorded. Each general magistrate shall take the oath required of officers of the court by the Florida Constitution. The oath shall be recorded before the magistrate begins to act. (b) Special Magistrates. In connection with the court’s review of guardianship inventories, accountings, and plans, the court may appoint members of The Florida Bar as special magistrates for any particular service required by the court. Special magistrates shall be governed by all laws and rules relating to general magistrates except special magistrates shall not be required to take an oath unless specifically required by the court. For good cause shown, the court may appoint a person other than a member of The Florida Bar as a special magistrate. (c) General Powers and Duties. Every magistrate shall act under the direction of the court. Process issued by a magistrate shall be directed as provided by law. All grounds for disqualification of a judge shall apply to magistrates. (d) Hearings. Hearings before any magistrate may be held in the county where the action is pending, or at any other place by order of the court for the convenience of the witnesses or the parties. A magistrate shall give notice of hearings to all parties. If any party fails to appear, the magistrate may proceed ex parte or may continue the hearing to a future day, with notice to the absent party. The magistrate shall proceed with reasonable diligence and the least practicable delay. Any party may apply to the court for an order directing the magistrate to accelerate the proceedings and to make a report promptly. Evidence shall be taken in writing or by electronic recording by the magistrate or by some other person under the magistrate’s authority in the magistrate’s presence and • July 1, 2025 Florida Probate Rules 329 shall be filed with the magistrate’s report. The magistrate may examine and take testimony from the parties and their witnesses under oath, on all matters authorized by the court for review by the magistrate and may require production of all books, papers, writings, vouchers, and other documents applicable to those matters. The magistrate shall admit only evidence that would be admissible in court. The magistrate may take all actions concerning evidence that may be taken by the court. (e) Magistrate’s Report. The magistrate’s report shall contain a description of the matters considered and the magistrate’s conclusions and any recommendations. No part of any statement of facts, account, charge, deposition, examination, or answer used before the magistrate shall be recited. The magistrate shall be required to file a report only if a hearing is held pursuant to subdivision (d) of this rule or if specifically directed to do so by the court. (f) Filing Report; Service; Exceptions. The magistrate shall file a report with the court and serve copies on the parties. The parties may serve exceptions to the report within 10 days from the date the report is served on them. If no exceptions are timely filed, the court shall take appropriate action on the report. All timely filed exceptions shall be heard by the court on reasonable notice by any party. Committee Notes Rule History 1991 Revision: This is a new rule, patterned after Florida Rule of Civil Procedure 1.490. 1992 Revision: Editorial change. Citation form change in committee notes. 2004 Revision: Change in nomenclature from “master” to “magistrate” to track similar change in the Florida Statutes. • July 1, 2025 Florida Probate Rules 332 Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.705. PETITION FOR INTERIM JUDICIAL REVIEW (a) Contents. A petition for interim judicial review shall be verified, state the petitioner’s interest in the proceeding, state with particularity the manner in which the guardian’s action or proposed action does not comply with or exceeds the guardian’s authority under the guardian plan, or state that the guardian is acting in a manner contrary to section 744.361, Florida Statutes, and state why the action, proposed action, or conduct of the guardian is not in the best interest of the ward. (b) Service. The petition shall be served by formal notice. (c) Hearing. The petitioner or any interested person may set the matter for hearing. (d) Expedited Proceedings. For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing. Committee Notes Rule History 1991 Revision: New rule. 2000 Revision: Subdivision (d) added to permit expedited proceedings. 2008 Revision: Committee notes revised. 2015 Revision: Subdivision (a) amended to conform to changes in sections 744.361 and 744.3715, Florida Statutes. Citation revised in committee notes. Committee notes revised. Statutory References • July 1, 2025 Florida Probate Rules 335 be served upon the guardian, the ward, and such other persons as the court may determine. (c) Report. The monitor shall file a verified written report with the court setting forth the monitor’s findings. The report shall be served on the guardian, the ward, and such other persons as the court may determine. (d) Protection of Ward. If it appears from the monitor’s report that further action by the court to protect the interests of the ward is necessary, the court shall, after a hearing with notice, enter any order necessary to protect the ward or the ward’s property, including amending the plan, requiring an accounting, ordering production of assets, or initiating proceedings to remove a guardian. Notice of the hearing shall be served on the guardian, the ward, and such other persons as the court may determine. Committee Notes This rule applies to the non-emergency appointment of court monitors. Rule History 2006 Revision: New rule. 2008 Revision: Editorial change in (d). Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.107, Fla. Stat. Court monitors. § 744.3701, Fla. Stat. Inspection of report. • July 1, 2025 Florida Probate Rules 337 take further action. The order shall specify the time and place of the hearing with a reasonable time to allow for the preparation of a defense after service of the order. A copy of the order to show cause together with the order of appointment and report of the monitor shall be served upon the guardian, the ward, the ward’s attorney, if any, and the respondent. (f) Protecting Ward. If at any time prior to the hearing on the order to show cause the court enters a temporary injunction, a restraining order, an order freezing assets, an order suspending the guardian or appointing a guardian ad litem, or any other order to protect the physical or mental health, safety, or property of the ward, the order or injunction shall be served on the guardian, the ward, the ward’s attorney, if any, and such other persons as the court may determine. Committee Notes Rule History 2006 Revision: New rule. 2008 Revision: Committee notes revised. 2010 Revision: Editorial change in (c). Statutory references § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.1075, Fla. Stat. Emergency court monitor. RULE 5.800. APPLICATION OF REVISED CHAPTER 744 TO EXISTING GUARDIANSHIPS (a) Prior Adjudication of Incompetency. When an adjudication of incompetency has taken place under chapter 744, Florida Statutes, before October 1, 1989, no readjudication of incapacity shall be required. • July 1, 2025 Florida Probate Rules 338 (b) Annual Guardianship Reports. Guardians appointed before October 1, 1989, shall file annual guardianship reports as required by law. Committee Notes Rule History 1989 Revision by Ad Hoc Committee: The committee adopted a position that guardians appointed before the effective date of the 1989 revisions to chapter 744, Florida Statutes, should comply with all sections of the law that apply to future acts of the guardian. For example, all guardians will in the future file annual reports and will be responsible for the continuing well-being of their wards. The committee recognized a distinction between those actions that will necessarily occur on a continuing basis throughout the guardianship and those actions that happen at a particular moment in time but are not necessarily ongoing duties. There are two and only two specific examples to which the statutory reforms would not apply retrospectively if the above distinction is adopted. First, the initial adjudication of incapacity occurs only once in any guardianship. Although guardianships are reevaluated annually, the statute does not contemplate a complete readjudication procedure every year. Therefore, the committee concluded that the initial adjudicatory hearing need not be repeated for wards adjudicated incompetent before October 1, 1989. Second, as concerns nonresident guardians appointed before October 1, 1989, normally, a guardian is appointed only once at the beginning of the guardianship. While these nonresident guardians would be expected to obey all provisions of the law prospectively, they would not be required to initiate their own removal. 1991 Revision: Editorial changes in first sentence of (a), and rest of subdivision deleted as unnecessary. Subdivision (b) has been transferred to rule 5.650. Date reference no longer required in (c), and modified to make filing requirement of preexisting guardianships consistent with the current statutory provisions. 1992 Revision: Citation form changes in committee notes. • July 1, 2025 Florida Probate Rules 340 (D) any guardian and any court-appointed health care decision-maker; (E) any person designated by the patient in a living will or other document to exercise the patient’s health care decision in the event of the patient’s incapacity; (F) the administrator of the hospital, nursing home, or other facility where the patient is located; (G) the patient’s principal treating physician and other physicians known to have provided any medical opinion or advice about any condition of the patient relevant to this petition; and (H) all other persons the petitioner believes may have information concerning the expressed wishes of the patient; and (5) facts sufficient to establish the need for the relief requested, including, but not limited to, facts to support the allegation that the patient lacks the capacity to make the requisite medical treatment decision. (b) Supporting Documentation. Any affidavits and supporting documentation, including any living will or designation of health care decision-maker, shall be attached to the petition. (c) Notice. Unless waived by the court, notice of the petition and the preliminary hearing shall be served on the following persons who have not joined in the petition or otherwise consented to the proceedings: (1) the patient; (2) the patient’s spouse and the patient’s parents, if the patient is a minor; (3) the patient’s adult children; • July 1, 2025 Florida Probate Rules 341 (4) any guardian and any court-appointed health care decision-maker; (5) any person designated by the patient in a living will or other document to exercise the patient’s health care decision in the event of the patient’s incapacity; (6) the administrator of the hospital, nursing home, or other facility where the patient is located; (7) the patient’s principal treating physician and other physicians believed to have provided any medical opinion or advice about any condition of the patient relevant to this petition; (8) all other persons the petitioner believes may have information concerning the expressed wishes of the patient; and (9) such other persons as the court may direct. (d) Hearing. A preliminary hearing on the petition shall be held within 72 hours after the filing of the petition. At that time the court shall review the petition and supporting documentation. In its discretion the court shall either: (1) rule on the relief requested immediately after the preliminary hearing; or (2) conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule on the relief requested immediately after the evidentiary hearing. Committee Notes This rule was submitted by the committee in response to the request contained in footnote 17 of In re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990). See also Cruzan by Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, 110 S. Ct. 2841, 111 L. Ed .2d 224 (1990). • July 1, 2025 Florida Probate Rules 342 The promulgation of this rule is not intended to imply that judicial intervention is required to terminate life-prolonging procedures. Practitioners should note that the criteria and standards of proof contained in Browning differ from the criteria and standards of proof presently existing in chapter 765, Florida Statutes. Rule History 1991 Revision: New rule. 1992 Revision: This rule was created on an emergency basis and on further review, the committee decided it needed to clarify that the petition should include an allegation that the patient lacks capacity to make the requisite medical treatment decision, and that the patient should receive notice of the petition and hearing. Committee notes revised. Citation form changes in committee notes. 2008 Revision: Committee notes revised. 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. 2020 Revision, September 3, 2020: Rule was renumbered from 5.900 to 5.850 to allow forms to follow the rules set. Committee notes revised. 2020 Revision, December 31, 2020: Rule was renumbered from 5.850 to 5.900 to conform with statutory references. Committee notes revised. Constitutional Reference Art. I, § 23, Fla. Const. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. • July 1, 2025 Florida Probate Rules 382 (b) Notice. The notice of the filing of the petition for the appointment of guardian advocate of the person and notice of hearing must be served with the petition for appointment of guardian advocate of the person under subdivision (a) of this rule. FORM FOR NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON UNDER SECTION 393.12(4), FLORIDA STATUTES, AND NOTICE OF HEARING In the Circuit Court of the Judicial Circuit, in and for County, Florida • NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE AND NOTICE OF HEARING • TO: .....(Respondent)....., .....(attorney for respondent)....., .....(next of kin)....., .....(healthcare surrogate)....., and .....(agent under durable power of attorney)..... YOU ARE NOTIFIED that a petition for appointment of guardian advocate of the person has been filed. A copy of the petition for appointment of guardian advocate of the person is attached to this notice. There will be a hearing on the petition as follows: You are to appear before the Honorable ...................., Judge, at .....(time)....., on .....(date)....., at the county courthouse of .................... County, in ...................., Florida for the hearing of this petition. • July 1, 2025 Florida Probate Rules 383 The reason for this hearing is to inquire into the capacity of the respondent, the person with a developmental disability, to exercise the rights enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.) The respondent has the right to be represented by counsel of the respondent’s own choice and the court has initially appointed the following attorney to represent the respondent: Attorney for the respondent: .....(name)....., .....(address)....., .....(phone)....., .....(e-mail)...... Respondent has the right to substitute an attorney of the respondent’s own choice in place of the attorney appointed by the court. Signed .....(date)...... Signature: Signature: Proposed Guardian Advocate Proposed Co-Guardian Advocate (if any) Name: Name: Address: Address: • I CERTIFY that a copy of the foregoing notice of filing petition to appoint guardian advocate and notice of hearing and a copy of the petition for appointment of guardian advocate of the person was served on all persons indicated above, including on the attorney for the respondent, on .....(date)...... Signature: Signature: Proposed Guardian Advocate Proposed Co-Guardian Advocate (if any) Name: Name: Address: Address: • July 1, 2025 Florida Probate Rules 384 If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. • Vulnerable Adult , Petitioner, and , Respondent. TEMPORARY PROTECTIVE INJUNCTION AGAINST EXPLOITATION OF A VULNERABLE ADULT AND NOTICE OF HEARING This cause came before the court, which has jurisdiction over the parties and subject matter under state law. The court having reviewed the petition and affidavits and considered argument of counsel, finds as follows: 1. Reasonable notice and opportunity to be heard was given to the respondent in a manner sufficient to protect his or her due process rights. Date of service OR 2. The court conducted its review ex parte. 3. An immediate and present danger of exploitation of the vulnerable adult exists. 4. There is a likelihood of irreparable harm and unavailability of an adequate legal remedy. 5. There is a substantial likelihood of success on the merits. 6. The threatened injury to the vulnerable adult outweighs possible harm to the respondent. • Accordingly, it is hereby ADJUDGED that: The petitioner’s request for a temporary protective injunction is GRANTED. This injunction is valid for 15 days from the date of this order or . The full hearing is set for .....(date)....., at .....(time)...... The hearing will be held before the Honorable at , Florida. It is further ordered that: The respondent shall not commit any act of exploitation against the vulnerable adult. The respondent will have no contact with vulnerable adult. The vulnerable adult is awarded temporarily exclusive use and possession of any dwelling the vulnerable adult shares with the respondent. The respondent is barred from entering the residence of the vulnerable adult. The vulnerable adult’s assets, accounts, and credit lines are hereby frozen until further court order except: • July 1, 2025 Florida Probate Rules 405 by hand delivery in open court (Respondent must acknowledge receipt in writing on the original order—see below.) by certified mail (May only be used when respondent is present at the hearing and respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) Other: Petitioner’s Attorney: by e-mail Respondent’s Attorney: by e-mail I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the clerk of the circuit court of County, Florida, and that I have furnished copies of this order as indicated above on .....(date)...... CLERK OF THE CIRCUIT COURT • By: Deputy Clerk If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. • July 1, 2025 Florida Probate Rules 406 (c) Order Denying Injunction and Notice of Hearing. IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA In re: Case No.: • Vulnerable Adult , Petitioner, and , Respondent. ORDER DENYING REQUEST FOR TEMPORARY INJUNCTION AND SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT A petition for injunction for protection against exploitation of a vulnerable adult has been reviewed. This court has jurisdiction over the parties and of the subject matter. Based upon the facts stated in the petition, the court finds: The facts supporting the denial of the request for an ex parte injunction are: • The court finds that based on the facts, as stated in the petition alone and without a hearing in the matter, there is no appearance of an immediate and present danger of exploitation of a vulnerable adult. IT IS THEREFORE ORDERED: The request for a temporary injunction for protection against exploitation of a vulnerable adult is denied. A hearing is scheduled on the petition for • July 1, 2025 Florida Probate Rules 407 injunction for protection against exploitation of a vulnerable adult. The petitioner has the right to promptly amend any petition consistent with court rules. NOTICE OF HEARING A hearing is scheduled regarding this matter on .....(date)....., at .....(time)....., when the court will fully hear the allegations in the petition for injunction for protection against exploitation of a vulnerable adult. The hearing will be before The Honorable .....(name)....., at the following .....(address)....., Florida. All witnesses and evidence, if any, must be presented at this time. IF EITHER PETITIONER OR RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, THE PETITIONER OR RESPONDENT WILL BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED IN THIS MATTER. Nothing in this order limits petitioner’s rights to dismiss the petition. DONE AND ORDERED in, Florida, on .....(date)...... • July 1, 2025 Florida Probate Rules 408 CLERK OF THE CIRCUIT COURT (SEAL) By: Deputy Clerk or Judicial Assistant If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. • Vulnerable Adult , Petitioner, and , Respondent. PERMANENT INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT This cause came before the court, which has jurisdiction over the parties and subject matter under state law. The court having reviewed the petition and affidavits and considered the testimony presented and argument of counsel, finds as follows: 1. Reasonable notice and opportunity to be heard was given to the respondent in a manner sufficient to protect the respondent’s due process rights. Respondent was served with the petition for injunction, notice of hearing, and temporary protective injunction, if issued. 2. A hearing was held on .....(date)...... 3. The vulnerable adult is a victim of exploitation or in imminent danger of becoming an exploitation victim. 4. There is a likelihood of irreparable harm and unavailability of an adequate legal remedy. 5. The threatened injury to the vulnerable adult outweighs possible harm to the respondent. 6. With regard to freezing the respondent’s assets, accounts, and lines of credit that were the proceeds of exploitation, there is probable cause • July 1, 2025 Florida Probate Rules 412 Respondent: forwarded to Sheriff for service by U. S. Mail by hand delivery in open court (Respondent must acknowledge receipt in writing on the original order—see below.) by certified mail (May only be used when respondent is present at the hearing and respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) Department of Agriculture and Consumer Services Other: Petitioner’s Attorney: by e-mail Respondent’s Attorney: by e-mail I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the clerk of the circuit court of County, Florida, and that I have furnished copies of this order as indicated above on .....(date)...... CLERK OF THE CIRCUIT COURT PROPOSED ORDERS • July 1, 2025 Florida Probate Rules 24 (2) After service of formal notice, the proceedings, as nearly as practicable, must be conducted similar to suits of a civil nature, including entry of defaults. The Florida Rules of Civil Procedure govern, except for rule 1.525. (3) The court on its motion or on motion of any interested person may enter orders to avoid undue delay in the main administration. (4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary, it must thereafter be conducted as an adversary proceeding. The order must require interested persons to serve written defenses, if any, within 20 days from the date of the order. It is not necessary to re- serve the petition except as ordered by the court. (5) When the proceedings are adversary, the caption of subsequent pleadings, as an extension of the probate caption, must include the name of the first petitioner and the name of the first respondent. Committee Notes The court on its initiative or on motion of any party may order any proceeding to be adversary or nonadversary or enter any order that will avoid undue delay. The personal representative would be an interested person in all adversary proceedings. A prescribed form for the caption is provided that will facilitate the clerk’s and the court’s ability to segregate such adversary proceeding from other adversary proceedings and from the main probate file: Court Case # ) In Re Estate of John B. Jones ) ) Julia Jones, ) ) • July 1, 2025 Florida Probate Rules 26 2011 Revision: Subdivision (a) revised to add “reform a will, modify a will” and “determine pretermitted status.” Subdivision (d)(2) modified to insure that an award of attorneys’ fees in a probate or guardianship proceeding follows the law and procedures established for such proceedings, rather than the law and procedures for civil proceedings. See Amendments to the Florida Family Law Rules of Procedure (Rule 12.525), 897 So. 2d 467 (Fla. 2005). Editorial changes to conform to the court’s guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Committee notes revised. 2018 Revision: Subdivisions (a) and (d)(1) amended to reference section 825.1035, Florida Statutes. Committee notes revised. 2024 Revision: Subdivision (a) amended to create new subdivisions (a)(1)–(a)(13) and to include in the list of specific adversary proceedings those proceedings that contest the validity of a will. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 732.201–732.2155, Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla. Stat. Effect of subsequent marriage, birth, adoption, or dissolution of marriage. §§ 732.6005–732.611, Fla. Stat. Rules of construction. § 732.615, Fla. Stat. Reformation to correct mistakes. § 732.616, Fla. Stat. Modification to achieve testator’s tax objectives. • July 1, 2025 Florida Probate Rules 55 2007 Revision: Committee notes revised. 2016 Revision: Florida Rule of Civil Procedure 1.451 has been added to subdivision (a). Committee notes revised. Statutory References § 731.201(23), Fla. Stat. General definitions. § 733.106, Fla. Stat. Costs and attorney’s fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. R. Gen. Prac. & Jud. Admin. 2.535 Court reporting. RULE 5.095. GENERAL AND SPECIAL MAGISTRATES (a) General Magistrates. The court may appoint general magistrates as the court finds necessary. General magistrates shall be members of The Florida Bar and shall continue in office until removed by the court. The order making an appointment shall be recorded. Each general magistrate shall take the oath required of officers by the Florida Constitution. The oath shall be recorded before the magistrate begins to act. (b) Special Magistrates. The court may appoint members of The Florida Bar as special magistrates for any particular service required by the court. Special magistrates shall be governed by all laws and rules relating to general magistrates, except special magistrates shall not be required to make oath unless specifically required by the court. For good cause shown, the court may appoint a person other than a member of The Florida Bar as a special magistrate. • July 1, 2025 Florida Probate Rules 68 1992 Revision: Editorial changes. Citation form changes in committee notes. 2003 Revision: Extensive changes to rule to clarify procedure for appointment of curator. Committee notes revised. Statutory References § 733.402, Fla. Stat. Bond of fiduciary; when required; form. § 733.501, Fla. Stat. Curators. Rule Reference Fla. Prob. R. 5.020 Pleadings; verification; motions. RULE 5.150. ORDER REQUIRING ACCOUNTING (a) Accountings Required by Statute. When any personal representative or guardian fails to file an accounting or return required by statute or rule, the court on its own motion or on the petition of an interested person shall order the personal representative or guardian to file the accounting or return within 15 days from the service on the personal representative or guardian of the order, or show cause why he or she should not be compelled to do so. (b) Accountings Not Required by Statute. On the petition of an interested person, or on its own motion, the court may require the personal representative or guardian to file an accounting or return not otherwise required by statute or rule. The order requiring an accounting or return shall order the personal representative or guardian to file the accounting or return within a specified time from service on the personal representative or guardian of the order, or show cause why he or she should not be compelled to do so. (c) Service. A copy of the order shall be served on the personal representative or guardian and the personal representative’s or guardian’s attorney. • July 1, 2025 Florida Probate Rules 89 § 734.104, Fla. Stat. Foreign wills; admission to record; effect on title. Rule References Fla. Prob. R. 5.200 Petition for administration. Fla. Prob. R. 5.210 Probate of wills without administration. Fla. Prob. R. 5.470 Ancillary administration. Fla. Prob. R. 5.475 Ancillary administration, short form. RULE 5.216. WILL WRITTEN IN FOREIGN LANGUAGE A will written in a foreign language being offered for probate shall be accompanied by a true and complete English translation. In the order admitting the foreign language will to probate, the court shall establish the correct English translation. At any time during administration, any interested person may have the correctness of the translation redetermined after formal notice to all other interested persons. Committee Notes Rule History 2002 Revision: New rule, derived from former rule 5.210(a)(5) and section 733.204(2), Florida Statutes. Statutory Reference § 733.204, Fla. Stat. Probate of a will written in a foreign language. RULE 5.230. COMMISSION TO PROVE WILL (a) Petition. On petition the court may appoint a commissioner to take the oath of any person qualified to prove the will under Florida law. The petition must set forth the date of the will and the place where it was executed, if known; the names of the • July 1, 2025 Florida Probate Rules 98 attorney-client privilege for fiduciary and their attorneys. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Statutory references to section 732.402, Florida Statutes, added. Committee Notes revised. 2013 Revision: Updated statutory reference in subdivision (a)(3). Committee notes revised. 2015 Revision: Subdivisions (b)(3) and (d) amended to conform to amendments to section 733.212, Florida Statutes, relating to the removal of the requirement to object to the qualifications of a personal representative within this statutory framework due to other statutory amendments. The 2011 Revision contains a scrivener’s error and it should reference section 733.212, Florida Statutes, as opposed to section 732.212, Florida Statutes. 2019 Revision: For clarity purposes, subdivisions (b)(2), (b)(3), (b)(4), and (b)(5) amended for consistency with section 733.212, Florida Statutes, relating to the contents of a notice of administration. Subdivision (b)(5) amended to replace the term “attorney-in-fact” with “agent” to reflect 2011 enactment of section 709.2102(1), Florida Statutes. 2020 Revisions: Subdivision (b)(6) was created to conform to an amendment to section 733.212, Florida Statutes, that requires the Notice of Administration include a notice of a potential waiver of rights by failing to contest the will. 2024 Revision: Subdivision (b)(7) was created to conform to an amendment to section 733.212, Florida Statutes, which requires the Notice of Administration include a notice that the personal representative has no duty to determine if property is subject to the Florida Uniform Disposition of Community Property Rights at Death Act. Committee notes revised. Statutory References § 709.2102(1), Fla. Stat. Definitions. • Committee Notes It is contemplated the oath may be signed concurrently with the petition for administration and will be valid even if it predates the order appointing the personal representative. Rule History 1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. This rule establishes the uniform requirement for an oath of faithful performance of fiduciary duties within the permissiveness of section 733.401(1)(d), Florida Statutes. Should be taken together with new rule 5.110, Resident Agent. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2019 Revision: Amended the rule to conform the oath to statutory changes and to provide a proposed form for the oath of personal representative. The oath is expanded to address the qualifications and continuing duties of the personal representative. 2021 Revision: Form Oath amended to require a statement that the personal representative has never been convicted of abuse, neglect, or exploitation of an elderly or disabled adult and to revise • July 1, 2025 Florida Probate Rules 149 machine from previously stored data would miss the essential point by focusing attention upon the manner of preparation rather than the product. II. A FIDUCIARY ACCOUNT SHALL BEGIN WITH A CONCISE SUMMARY OF ITS PURPOSE AND CONTENT. Commentary: Very few people can be expected to pay much attention to a document unless they have some understanding of its general purpose and its significance to them. Even with such an understanding, impressions derived from the first page or two will often determine whether the rest is read. The use that is made of these pages is therefore of particular significance. The cover page should disclose the nature and function of the account. While a complete explanation of the significance of the account and the effect of its presentation upon the rights of the parties is obviously impractical for inclusion at this point, there should be at least a brief statement identifying the fiduciary and the subject matter, noting the importance of examining the account and giving an address where more information can be obtained. It is assumed that the parties would also have enough information from other sources to understand the nature of their relationship to the fund (e.g., residuary legatee, life tenant, remainderman), the function of the account, and the obligation of the fiduciary to supply further relevant information upon request. It is also assumed that notice will be given of any significant procedural considerations such as limitation on the time within which objections must be presented. This would normally be provided by prior or contemporaneous memoranda, correspondence, or discussions. A summary of the account shall also be presented at the outset. This summary, organized as a table of contents, shall indicate the order of the details presented in the account and shall show separate totals for the aggregate of the assets on hand at the beginning of the accounting period; transactions during the period; and the assets remaining on hand at the end of the period. Each • July 1, 2025 Florida Probate Rules 156 (2) a schedule of specific assets and liabilities; (3) the reasons for continuation; (4) the proposed form and times of accounting for that business or venture; (5) the period for which the continuation is requested; and (6) any other information pertinent to the petition. (c) Order. If the continuation is authorized, the order shall state: (1) the period for which that business or venture is to continue; (2) the particular powers of the personal representative in the continuation of that business or venture; and (3) the form and frequency of accounting by that business or venture. (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 shall enter an order thereon. Committee Notes Rule History 1975 Revision: New rule. § 733.612, Fla. Stat. 1984 Revision: Extensive changes in rule and title. Clarifies procedural steps to be taken by a personal representative who determines it to be in the best interest of an estate to continue any unincorporated business beyond the time authorized by statute. Information required to be filed in a verified petition is specified, • July 1, 2025 Florida Probate Rules 162 (d) Procedure to Determine Amount of Elective Share and Contribution. (1) Petition by Personal Representative. After entry of the order determining the surviving spouse’s entitlement to the elective share, the personal representative must file and serve a petition to determine the amount of the elective share. The petition must: (A) give the name and address of each direct recipient known to the personal representative; (B) describe the proposed distribution of assets to satisfy the elective share, and the time and manner of distribution; and (C) identify those direct recipients, if any, from whom a specified contribution will be required and state the amount of contribution sought from each. (2) Service of Inventory. The inventory of the elective estate required by rule 5.340, together with the petition, must be served within 60 days after entry of the order determining entitlement to the elective share on all interested persons in the manner provided for service of formal notice. (3) Petition by Spouse. If the personal representative does not file the petition to determine the amount of the elective share within 90 days from rendition of the order of entitlement, the electing spouse or the agent or the guardian of the property or personal representative of the electing spouse may file the petition specifying as particularly as is known the value of the elective share. (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 • July 1, 2025 Florida Probate Rules 167 notice shall be served on persons adversely affected. The proceedings shall be as similar as possible to those formerly existing for the ordinary assignment of dower. Committee Notes Rule History 2001 Revision: Derived from former rule 5.360(e). Statutory Reference § 732.111, Fla. Stat. Dower and curtesy abolished. 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 shall 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. (b) Order. If the sale is authorized or confirmed, the order shall describe the real property. An order authorizing a sale may provide for the public or private sale of the real property described therein, in parcels or as a whole. An order authorizing a private sale shall specify the price and terms of the sale. An order authorizing a public sale shall specify the type of notice of sale to be given by the personal representative. Committee Notes Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it was approved by the court after notice to all interested persons, and by section 733.609, Florida • July 1, 2025 Florida Probate Rules 187 determines that any of the real property was the protected homestead of the decedent, the order must identify by name the person or persons entitled to the protected homestead real property and define the interest of each. Committee Notes This rule establishes the procedure by which the personal representative or any interested person may petition the court for a determination that certain real property constituted the decedent’s protected homestead property, in accordance with article X, section 4 of the Florida Constitution. The jurisdiction of the court to determine constitutional protected homestead property was established by In re Noble’s Estate, 73 So. 2d 873 (Fla. 1954). Rule History 1984 Revision: New rule. 1988 Revision: Editorial change in (a). Subdivision (b)(4) amended to conform to constitutional change. Committee notes revised. Citation form change in committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (c) amended to require description of real property that is the subject of the petition, description of any homestead property, and definition of specific interests of persons entitled to homestead real property. 2002 Revision: Replaces “homestead” with “protected homestead” throughout to conform to addition of term in section 731.201(29), Florida Statutes. Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2010 Revision: Committee notes revised. • July 1, 2025 Florida Probate Rules 191 1988 Revision: Subdivision (a) revised to reflect editorial changes and to require verification. Subdivision (b)(1) revised to require the basis for asserting exempt property status. Subdivision (b)(2) added the requirement of stating addresses of those entitled to exempt property. Subdivision (c) revised to reflect editorial changes and to require determination of the value of each item of exempt property. Committee notes revised. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Editorial changes in rule to conform to similar language in rule 5.405. Committee notes revised. 2003 Revision: Committee notes revised. 2010 Revision: Subdivision (c) amended to limit the instances in which the value of the property claimed as exempt needs to be stated in the order. 2012 Revision: Committee notes revised. 2014 Revision: Subdivision (b)(2) amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425 and provide the year of birth of a minor. Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents. § 732.402, Fla. Stat. Exempt property. 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. • July 1, 2025 Florida Probate Rules 192 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) Petition. An interested person may file a petition to determine family allowance. (b) Contents. The petition shall be verified by the petitioner and shall: (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 shall 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: New rule. • July 1, 2025 Florida Probate Rules 207 (1) the name, address, and interest of the petitioner in the estate; (2) the reason for further administration of the estate; (3) the description, approximate value, and location of any asset not included among the assets of the prior administration; and (4) a statement of the relief sought. (c) Order. The court shall enter such orders as appropriate. Unless required, the court need not revoke the order of discharge, reissue letters, or require bond. Committee Notes This rule establishes a procedure for further administration after estate is closed, which may be summary in nature. Rule History 1984 Revision: Extensive changes. Committee notes revised. 1992 Revision: Citation form change in committee notes. 2003 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory Reference § 733.903, Fla. Stat. Subsequent administration. 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. • July 1, 2025 Florida Probate Rules 211 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) the probated will and all probated codicils of the decedent; (2) the order admitting them to probate; (3) the letters or their equivalent; and (4) the part of the record showing the names of the beneficiaries of the estate or an affidavit of the foreign personal representative reciting that the names are not shown or not fully disclosed by the foreign record and specifying the names. On presentation of the foregoing, the court shall admit the will and any codicils to probate if they comply with section 732.502(1) or section 732.502(2), Florida Statutes. (b) Notice to Creditors. After complying with the foregoing requirements, the foreign personal representative may cause a notice to creditors to be published as required by these rules. (c) Claims Procedure. The procedure for filing or barring claims and objecting to them and for suing on them shall be 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 shall enter an order adjudging that notice to creditors has been duly published and proof thereof filed and that no claims have been filed against the estate or that all claims have been satisfied. • July 1, 2025 Florida Probate Rules 222 Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.496 Form and manner of objecting to claim. 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 shall be in one proceeding. (b) Petition. The petition, in addition to reciting information required under these rules for petition for administration, shall 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 shall 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 shall be admitted to probate unless formal notice has been given to those who, but for the will, would be entitled to the property thereby devised. (e) Order. The order admitting the will to probate shall state in full its terms and provisions. Committee Notes This rule represents a rule implementation of the procedure formerly found in section 733.207, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of • July 1, 2025 Florida Probate Rules 225 (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 one of the following: (i) A statement that the estate is not indebted. (ii) The 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 in the proposed order of distribution, the following information must be shown: (a) The name of the person who will pay the debt. (b) The creditor’s written consent for substitution or assumption of the debt by another person. (c) The amount to be paid if the debt has been compromised. (d) The terms for payment and any limitations on the liability of the person paying the debt. (10) in an intestate estate, a statement that after the exercise of reasonable diligence each petitioner is unaware of any unrevoked wills or codicils; (11) in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that each petitioner is unaware of any other unrevoked will or codicil; and • July 1, 2025 Florida Probate Rules 258 (4) whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised; (5) whether the action requested conforms to the guardianship plan; and (6) the basis for the relief sought. (b) Notice. No notice of a petition to authorize sale of perishable personal property or of property rapidly deteriorating is required. Notice of a petition to perform any other act requiring a court order must be given to the ward, to the next of kin, if any, and to those persons who have filed requests for notices and copies of pleadings. (c) Order. (1) If the act is authorized or confirmed, the order must describe the permitted act and authorize the guardian to perform it or confirm its performance. (2) If a sale or mortgage is authorized or confirmed, the order must describe the property. If a sale is to be private, the order must specify the price and the terms of the sale. If a sale is to be public, the order must state that the sale will be made to the highest bidder and that the court reserves the right to reject all bids. (3) If the guardian is authorized to bring an action to contest the validity of all or part of a revocable trust, the order must contain a finding that the action appears to be in the ward’s best interests during the ward’s probable lifetime. If the guardian is not authorized to bring such an action, the order must contain a finding concerning the continued need for a guardian and the extent of the need for delegation of the ward’s rights. Committee Notes Rule History • July 1, 2025 Florida Probate Rules 268 § 744.447, Fla. Stat. Petition for authorization to act. § 768.23, Fla. Stat. Protection of minors and incompetents. § 768.25, Fla. Stat. Court approval of settlements. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.120 Administrator ad litem and guardian ad litem. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.630 Petition for approval of acts. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. RULE 5.640. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE OF WARD (a) Continuance of Business. When the ward is adjudicated incapacitated while engaged in any unincorporated business or venture, or the court finds that a person with a developmental disability lacks capacity to manage an unincorporated business or venture, the court may authorize the guardian to continue the business or venture for a reasonable time under the supervision of the court. (b) Petition. Before an order is made under subdivision (a), the guardian shall file a verified petition, alleging sufficient facts to make it appear that it is in the best interest of the ward’s estate to continue the business or venture. (c) Order. The order authorizing the continuance of the business or venture may empower the guardian to make contracts necessary to conduct the business or venture and to incur debts • July 1, 2025 Florida Probate Rules 278 (c) Service on Public Guardian. If the petitioner requests appointment of the public guardian as emergency temporary guardian, a copy of the petition and notice shall be served on the public guardian. (d) Order. The order appointing the emergency temporary guardian shall specify the powers and duties of the emergency temporary guardian. (e) Extension of Authority. Prior to the expiration of the authority of the emergency temporary guardian, any interested person may file a verified petition for extension of authority of the emergency temporary guardian. The petition must show that the conditions that warranted the initial appointment of the emergency temporary guardian still exist. The petition shall be served on the ward’s attorney and on the emergency guardian. (f) Final Report. An emergency temporary guardian shall file a final report no later than 30 days after the expiration of the emergency temporary guardianship. A copy of the final report shall be served on the successor guardian, if any, the ward, and the ward’s attorney. With approval of the court, service on the ward may be accomplished by serving the attorney for the ward. (1) If the emergency temporary guardian is a guardian of the property, the final report shall consist of a verified inventory of the ward’s property as of the date letters of emergency temporary guardianship were issued, a final accounting that gives a full and correct account of the receipts and disbursements of all the ward’s property over which the guardian had control, and a statement of the property on hand at the end of the emergency temporary guardianship. (2) If the emergency temporary guardian is a guardian of the person, the final report shall summarize the activities of the guardian with regard to residential placement, medical condition, mental health and rehabilitative services, and the social condition of the ward to the extent of the authority granted to the emergency temporary guardian. • July 1, 2025 Florida Probate Rules 289 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) Notice. Proceedings for removal of a guardian may be instituted by a court, by any surety or other interested person, or by the ward, and formal notice of the petition for removal of a guardian must be served on all guardians, other interested persons, next of kin, and the ward. The pleading must state with particularity the reasons why the guardian should be removed. (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 the 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) Transfer of Property and Records. The removed guardian (or the guardian’s heirs, personal representative, or surety) must turn over all the property of the ward in the removed guardian’s control and all guardianship records to the duly qualified successor. The successor guardian must, or the ward may, demand of the removed guardian (or the guardian’s heirs, personal representative, or surety) all of those items. (d) Failure to Comply. If a removed guardian fails to file a true, complete, and final accounting for the guardianship or to turn over to the successor all property of the ward in the removed guardian’s control and all guardianship records, the court must issue a show-cause order. • July 1, 2025 Florida Probate Rules 304 (d) Service. The petition shall be served on the guardian, the ward, the ward’s attorney, if any, those interested persons who have filed requests for notices and copies of pleadings, and such other persons as the court may direct. (e) Order. The order shall specify whether there is an alternative to guardianship that will sufficiently address the problems of the ward, the continued need for a guardian, and the extent of the need for delegation of the ward’s rights. Committee Notes Rule History 2006 Revision: New rule. Statutory References § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.462, Fla. Stat. Determination regarding alternatives to guardianship. RULE 5.690. INITIAL GUARDIANSHIP REPORT (a) Contents and Filing. An initial guardianship report shall be filed within 60 days after the issuance of letters of guardianship. The guardian of the property shall file the initial guardianship report consisting of the verified inventory. The guardian of the person shall file the initial guardianship report consisting of the guardianship plan. (b) Service. Copies of the initial guardianship report shall 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 • July 1, 2025 Florida Probate Rules 325 from the first page or two will often determine whether the rest is read. The use that is made of these pages is therefore of particular significance. The cover page should disclose the nature and function of the account. While a complete explanation of the significance of the account and the effect of its presentation upon the rights of the parties is obviously impractical for inclusion at this point, there should be at least a brief statement identifying the guardian and the subject matter, noting the importance of examining the account and giving an address where more information can be obtained. A summary of the account shall also be presented at the outset. This summary, organized as a table of contents, shall indicate the order of the details presented in the account and shall show separate totals for the aggregate of the assets on hand at the beginning of the accounting period; transactions during the period; and the assets remaining on hand at the end of the period. Each entry in the summary shall be supported by a schedule in the account that provides the details on which the summary is based. III. A GUARDIAN ACCOUNT SHALL CONTAIN SUFFICIENT INFORMATION TO PUT THE INTERESTED PARTIES ON NOTICE AS TO ALL SIGNIFICANT TRANSACTIONS AFFECTING ADMINISTRATION DURING THE ACCOUNTING PERIOD. Commentary: The presentation of the information account shall allow an interested party to follow the progress of the guardian’s administration of assets during the accounting period. An account is not complete if it does not itemize, or make reference to, assets on hand at the beginning of the accounting period. Illustration: 3.1 The first account for a guardianship may detail the items received by the guardian and for which the guardian is responsible. It must begin with the total amount on the inventory. Transactions shall be described in sufficient detail to give the court and interested parties notice of their purpose and effect. It should be recognized that too much detail may be counterproductive to making the account understandable. In accounts dealing with extensive assets, it is usually desirable to consolidate information with attachments that show detail. For instance, where income from a number of securities is being accounted for, a statement of the total dividends received on each security with appropriate indication of changes in the number of shares held will be more readily • July 1, 2025 Florida Probate Rules 334 1987 Revision: This is a new rule and was promulgated to establish procedures to accommodate the Public Guardian Act. See § 744.701, et seq., Fla. Stat. See also Fla. Prob. R. 5.560. 1989 Revision: Prior rule adopted as temporary emergency rule. 1991 Revision: Editorial changes. 1992 Revision: Citation form changes in committee notes. 2007 Revision: Rule extensively amended to specify reports a public guardian is required to file. 2010 Revision: Editorial change in (e). 2016 Revision: Subdivisions (c), (d), and (e) amended to reflect the name change of the agency to the Office of Public and Professional Guardians. Committee notes revised to reflect the repeal of Part IX of Chapter 744, Florida Statutes. Statutory Reference §§ 744.2001–744.2109, Fla. Stat. Public Guardianship Act. Rule Reference Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person. RULE 5.720. COURT MONITOR (a) Appointment. Upon motion or inquiry by any interested person or upon its own motion, the court may appoint a court monitor in any proceeding over which it has jurisdiction. (b) Order of Appointment. The order of appointment shall state the name, address, and phone number of the monitor and shall set forth the matters to be investigated. The order may authorize the monitor to investigate, seek information, examine documents, or interview the ward. The order of appointment shall • July 1, 2025 Florida Probate Rules 336 RULE 5.725. EMERGENCY COURT MONITOR (a) Appointment. Upon motion or inquiry by any interested person or upon its own motion, the court may appoint a court monitor on an emergency basis without notice in any proceeding over which it has jurisdiction. (b) Order of Appointment. The order of appointment shall specifically find that there appears to be imminent danger that the physical or mental health or safety of the ward will be seriously impaired or that the ward’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The scope of the matters to be investigated and the powers and duties of the monitor must be specifically enumerated in the order. (c) Duration of Authority. The authority of a monitor expires 60 days after the date of appointment or upon a finding of no probable cause, whichever occurs first. The court may enter an order extending the authority of the monitor for an additional 30 days upon a showing that an emergency condition still exists. (d) Report. Within 15 days after the entry of an order of appointment, the monitor shall file a verified written report setting forth the monitor’s findings and recommendations. The report may be supported by documents or other evidence. The time for filing the report may be extended by the court for good cause. (e) Review. Upon review of the report, the court shall enter an order determining whether there is probable cause to take further action to protect the person or property of the ward. (1) If the court finds no probable cause, the court shall enter an order finding no probable cause and discharging the monitor. (2) If the court finds probable cause, the court shall enter an order directed to the respondent stating the essential facts constituting the conduct charged and requiring the respondent to appear before the court to show cause why the court should not • Accordingly, it is hereby ADJUDGED that: The petitioner’s request for a protective injunction is GRANTED. This injunction remains in effect until it has been modified or dissolved, and it is further ordered that: The respondent must not commit any acts of exploitation against, or have any direct or indirect contact with, the vulnerable adult. The vulnerable adult is awarded exclusive use and possession of any dwelling the vulnerable adult shares with the respondent. The respondent is excluded from the residence of the vulnerable adult. The respondent must, at the respondent’s own expense, participate in all relevant treatment, intervention, or counseling services to be paid for by the respondent. Unless ownership is unclear, any temporarily frozen assets, accounts, and credit lines of the vulnerable adult are to be returned to the vulnerable adult. If not already paid under the order granting temporary protective injunction against exploitation of a vulnerable adult, a final cost judgment is hereby entered against respondent and in favor of the clerk of courts in the amount of (check 1): $75.00 (if assets are between $1,500–$5,000) OR $200.00 (if assets are more than $5,000). EXHIBITS & EVIDENCE • July 1, 2025 Florida Probate Rules 2 RULE 5.100. RIGHT OF APPEAL ................................................... 58 RULE 5.110. ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE .......................................................... 59 RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM ................................................................................ 61 RULE 5.122. CURATORS .............................................................. 65 RULE 5.150. ORDER REQUIRING ACCOUNTING .......................... 68 RULE 5.160. PRODUCTION OF ASSETS ....................................... 71 RULE 5.170. EVIDENCE ............................................................... 71 RULE 5.171. EVIDENCE OF DEATH ............................................. 72 RULE 5.180. WAIVER AND CONSENT ........................................... 73 PART II — PROBATE .................................................................... 75 RULE 5.200. PETITION FOR ADMINISTRATION ............................ 75 RULE 5.201. NOTICE OF PETITION FOR ADMINISTRATION ......... 80 RULE 5.205. FILING EVIDENCE OF DEATH ................................. 81 RULE 5.210. PROBATE OF WILLS WITHOUT ADMINISTRATION ... 84 RULE 5.215. AUTHENTICATED COPY OF WILL ............................ 88 RULE 5.216. WILL WRITTEN IN FOREIGN LANGUAGE ................. 89 RULE 5.230. COMMISSION TO PROVE WILL ................................ 89 RULE 5.235. ISSUANCE OF LETTERS, BOND ............................... 92 RULE 5.240. NOTICE OF ADMINISTRATION ................................. 93 • July 1, 2025 Florida Probate Rules 21 Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.104, Fla. Stat. Verification of documents. § 731.201, Fla. Stat. General definitions. § 733.202, Fla. Stat. Petition. § 733.604(1), Fla. Stat. Inventories and accountings; public records exemptions. § 733.901, Fla. Stat. Final discharge. § 735.203, Fla. Stat. Petition for summary administration. § 744.104, Fla. Stat. Verification of documents. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.200 Petition for administration. Fla. Prob. R. 5.205(b) Filing evidence of death. Fla. Prob. R. 5.320 Oath of personal representative. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.350 Continuance of unincorporated business or venture. • July 1, 2025 Florida Probate Rules 34 (5) Completion of Service. Service of formal notice under subdivision (a)(3)(B)(i) will be complete on receipt by the person to whom delivery is made. Service of formal notice under 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 under subdivision (a)(3)(B)(iii) will be complete as provided by Florida law for service of process. Service of formal notice under subdivision (a)(3)(B)(iv) will be complete upon 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 under subdivision (a)(3)(B)(iv), the verified statement must state the basis for service by first-class mail, the date of mailing, and the address to which the first-class mail was sent, and evidence of delivery is not required. Proof of service under subdivisions (a)(3)(B)(ii) or (a)(3)(B)(iii) must be made as provided by Florida law for service of process. (b) Informal Notice. When informal notice of a petition or other proceeding is required or permitted, it must be served as provided in rule 5.041. (c) “Notice” Defined. In these rules, the Florida Probate Code, and the Florida Guardianship Law “notice” means informal notice unless formal notice is specified. (d) Formal Notice Optional. Formal notice may be given instead of informal notice at the option of the person giving notice unless the court orders otherwise. When formal notice is given instead of informal notice, formal notice must be given to all interested persons entitled to notice. When formal notice is given instead 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 • July 1, 2025 Florida Probate Rules 37 2016 Revision: Subdivision (e) created to specify when service in the manner provided for service of formal notice is completed. Committee notes revised. 2019 Revision: Subdivision (a) reformatted for easier reading and corrected syntax. Subdivision (a)(3)(D) amended to provide for service by first-class mail when only in rem or quasi in rem relief is sought under certain circumstances. Committee notes revised. 2020 Revision: Committee notes amended. 2023 Revision: Subdivision (a)(6) is amended to note evidence of formal notice is not required when sent by first-class mail. Subdivision (e) is amended to refer to subdivision (a)(5). Committee notes revised. 2025 Revision: Subdivision (a)(3) is amended to permit e- service of formal notice on represented interested persons. Committee notes revised. Statutory References § 1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.105, Fla. Stat. In rem proceeding. § 731.201(18), (22), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 733.212, Fla. Stat. Notice of administration; filing of objections. • July 1, 2025 Florida Probate Rules 46 Fla. Prob. R. 5.345 Accountings other than personal representatives’ final accountings. Fla. Prob. R. 5.395 Notice of federal estate tax return. Fla. Prob. R. 5.400 Distribution and discharge. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. R. Civ. P. 1.090 Time. Fla. R. Gen. Prac. & Jud. Admin. 2.514 Computing and extending time. RULE 5.043. DEPOSIT OF WILLS AND CODICILS Notwithstanding any rule to the contrary, and unless the court orders otherwise, any original executed will or codicil, including but not limited to an electronic will, deposited with the court must be retained by the clerk in its original form and must not be destroyed or disposed of by the clerk for 20 years after submission regardless of whether the will or codicil has been permanently recorded as defined by Florida Rule of General Practice and Judicial Administration 2.430. Committee Notes 2012 Adoption. Florida Rule of General Practice and Judicial Administration 2.525 requires that all documents be filed with the court electronically. Although the Florida Statutes direct deposit of a will, rather than the filing of the will, the committee believes that original wills and codicils should be retained in their original form longer than other documents filed with the court due to the unique evidentiary aspects of the actual document. These unique aspects • July 1, 2025 Florida Probate Rules 52 (c) Copies Exhibited. A copy of the initial pleading may be attached to the notice. To the extent an attached initial pleading states the required information, the notice need not restate it. Committee Notes This rule reflects a procedural requirement not founded on a statute or rule. Rule History 1984 Revision: New rule. 1988 Revision: Committee notes expanded. 1992 Revision: Editorial change. Citation form changes in committee notes. 2000 Revision: Subdivision (b) amended to eliminate requirement to set forth nature and value of ancillary assets. 2020 Revision: Statutory references amended. 2021 Revision: Statutory references amended. Statutory References § 733.612(20), Fla. Stat. Transactions authorized for the personal representative; exceptions. § 744.441(1)(k), Fla. Stat. Powers of guardian upon court approval. RULE 5.080. DISCOVERY AND SUBPOENA (a) Adoption of Civil Rules. The following Florida Rules of Civil Procedure shall apply in all probate and guardianship proceedings: (1) Rule 1.280, general provisions governing discovery. • July 1, 2025 Florida Probate Rules 57 take all actions concerning evidence that may be taken by the court. All parties accounting before a magistrate shall bring in their accounts in the form of accounts payable and receivable, and any other parties who are not satisfied with the account may examine the accounting party orally or by interrogatories or deposition as the magistrate directs. All depositions and documents that have been taken or used previously in the action may be used before the magistrate. (g) Magistrate’s Report. The magistrate’s report shall contain a description of the matters considered and the magistrate’s conclusion and any recommendations. No part of any statement of facts, account, charge, deposition, examination, or answer used before the magistrate shall be recited. (h) Filing Report; Notice; Exceptions. The magistrate shall file the report and serve copies on the parties. The parties may serve exceptions to the report within 10 days from the time it is served on them. If no exceptions are filed within that period, the court shall take appropriate action on the report. All timely filed exceptions shall be heard on reasonable notice by either party. (i) Application of Rule. This rule shall not apply to the appointment of magistrates for the specific purpose of reviewing guardianship inventories, accountings, and plans as otherwise governed by law and these rules. Committee Notes Rule History 2007 Revision: This rule, patterned after Florida Rule of Civil Procedure 1.490, is created to implement the use of magistrates in probate and guardianship proceedings other than those specifically addressed in rule 5.697. Rule References Fla. Prob. R. 5.697 Magistrates’ review of guardianship inventories, accountings, and plans. • July 1, 2025 Florida Probate Rules 71 Fla. Prob. R. 5.697 Magistrates’ review of guardianship accountings and plans. RULE 5.160. PRODUCTION OF ASSETS On the petition of an interested person, or on its own motion, the court may require any personal representative or guardian to produce satisfactory evidence that the assets of the estate are in the possession or under the control of the personal representative or guardian and may order production of the assets in the manner and for the purposes directed by the court. Committee Notes Rule History 1977 Revision: Change in committee notes. 1984 Revision: Minor editorial changes. Committee notes revised. 1988 Revision: Editorial changes. 1992 Revision: Editorial changes. Committee notes revised. Statutory Reference § 744.373, Fla. Stat. Production of property. RULE 5.170. EVIDENCE In proceedings under the Florida Probate Code and the Florida Guardianship Law the rules of evidence in civil actions are applicable unless specifically changed by the Florida Probate Code, the Florida Guardianship Law, or these rules. Committee Notes Rule History 1977 Revision: New rule. • July 1, 2025 Florida Probate Rules 72 1984 Revision: To further clarify the intent of the rule to incorporate the provisions of the Florida Evidence Code (chapter 90, Florida Statutes) when not in conflict with the Florida Probate Code or Florida Guardianship Law, or rules applicable to these particular proceedings. 1992 Revision: Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References ch. 90, Fla. Stat. Florida Evidence Code. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. RULE 5.171. EVIDENCE OF DEATH In a proceeding under these rules, the following shall apply: (a) Death Certificate. An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred or by an official or agency of the United States is prima facie proof of the fact, place, date, and time of death and the identity of the decedent. (b) Other Records. A copy of any record or report of a governmental agency, domestic or foreign, that a person is dead, alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status, dates, circumstances, and places disclosed by the record or report. (c) Extended Absence. A person who is absent from the place of that person’s last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed dead. The person’s death is presumed to have occurred at the end of the period unless there is evidence establishing that death occurred earlier. • July 1, 2025 Florida Probate Rules 73 Committee Notes This rule represents a rule implementation of the procedure found in section 731.103, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure, except that additional language has been added which was not in the statute, to permit issuance of a death certificate by an official or agency of the United States. An example would be such a certificate issued by the Department of State or the Department of Defense. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.103, Fla. Stat. Evidence as to death or status. § 744.521, Fla. Stat. Termination of guardianship. Rule References Fla. Prob. R. 5.205 Filing evidence of death. Fla. Prob. R. 5.680 Termination of guardianship. RULE 5.180. WAIVER AND CONSENT (a) Manner of Execution. A waiver or consent as authorized by law shall be in writing and signed by the person executing the waiver or consent. (b) Contents. The waiver or consent shall state: • July 1, 2025 Florida Probate Rules 81 2003 Revision: Committee notes revised. 2010 Revision: Subdivision (c) added to require service of a copy of the will offered for probate. This requirement was included in section 733.2123, Florida Statutes, but was removed in 2010 because it was deemed to be a procedural requirement. Committee notes revised. Editorial changes. Statutory References § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123 Fla. Stat. Adjudication before issuance of letters. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.200 Petition for administration. RULE 5.205. FILING EVIDENCE OF DEATH (a) Requirements for Filing. A copy of an official record of the death of a decedent shall be filed by the personal representative, if any, or the petitioner in each of the following proceedings and at the times specified: (1) Administration of decedent’s estate: not later than 3 months following the date of the first publication of the notice to creditors. (2) Ancillary proceedings: not later than 3 months following the date of first publication of notice to creditors. • July 1, 2025 Florida Probate Rules 83 1988 Revision: Editorial and substantive changes. Adds (a)(8) to require filing when will is admitted to probate without administration of the estate or an order disposing of property. Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a)(7) to conform to addition of term in section 731.201(29), Florida Statutes. Committee notes revised. 2003 Revision: Revises subdivision (a)(1) to change notice of administration to notice to creditors. Deletes subdivision (a)(3) referring to family administration, and renumbers subsequent subdivisions. Committee notes revised. 2010 Revision: Committee notes revised. Statutory References § 28.222(3)(g), Fla. Stat. Clerk to be county recorder. § 382.008(6), Fla. Stat. Death and fetal death registration. § 731.103, Fla. Stat. Evidence as to death or status. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. Rule References Fla. Prob. R. 5.042(a) Time. Fla. Prob. R. 5.171 Evidence of death. Fla. Prob. R. 5.241 Notice to creditors. • July 1, 2025 Florida Probate Rules 88 Fla. Prob. R. 5.020 Pleadings, verification; motions. Fla. Prob. R. 5.205(a)(7) Filing evidence of death. Fla. Prob. R. 5.215 Authenticated copy of will. Fla. Prob. R. 5.216 Will written in foreign language. Fla. Prob. R. 5.230 Commission to prove will. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.270 Revocation of probate. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. RULE 5.215. AUTHENTICATED COPY OF WILL An authenticated copy of a will may be admitted to probate if the original could be admitted to probate in Florida. Committee Notes Rule History 2002 Revision: New rule, derived from former rule 5.210(a)(4). 2003 Revision: Committee notes revised. Statutory References § 733.205, Fla. Stat. Probate of notarial will. § 733.206, Fla. Stat. Probate of will of resident after foreign probate. § 734.102, Fla. Stat. Ancillary administration. § 734.1025, Fla. Stat. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. • July 1, 2025 Florida Probate Rules 105 inappropriate to list particular steps to be taken in each estate, since the circumstances will vary from case to case. The statement required by this rule is not intended to be jurisdictional but rather to provide evidence of satisfaction (or lack thereof) of the due process requirements. Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a) amended to clarify approved methods of service on creditors. Committee notes revised. 2007 Revision: New subdivision (e) added to require service of a copy of the decedent’s death certificate on the Agency for Health Care Administration, as is now required by section 733.2121(3)(d), Florida Statutes. 2019 Revision: Subdivision (e) amended to clarify that a copy of a death certificate suffices. 2024 Revision: Subdivision (b)(2) was created to conform to an amendment to section 733.2121, Florida Statutes, which requires the notice to creditors to include a notice that the personal representative has no duty to determine if property is subject to the Florida Uniform Disposition of Community Property Rights at Death Act. Committee notes revised. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. § 731.301, Fla. Stat. Notice. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.702, Fla. Stat. Limitations on presentation of claims. • July 1, 2025 Florida Probate Rules 111 RULE 5.275. BURDEN OF PROOF IN WILL CONTESTS (a) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation sought. (b) In any transaction or event to which the presumption of undue influence applies, the presumption shifts the burden of proof under sections 90.301–90.304, Florida Statutes. Committee Notes This rule implements the procedure found in section 733.107, Florida Statutes, and the public policy against abuse of fiduciary or confidential relationships. Rule History 1988 Revision: New rule. 1992 Revision: Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2019 Revision: Adopts subdivision (b) and revises the committee note to reflect that change. Statutory References § 90.301, Fla. Stat. Presumption defined; inferences. § 90.302, Fla. Stat. Classification of rebuttable presumptions. § 90.303, Fla. Stat. Presumption affecting the burden of producing evidence defined. § 90.304, Fla. Stat. Presumption affecting the burden of proof defined. • July 1, 2025 Florida Probate Rules 150 entry in the summary shall be supported by a schedule in the account that provides the details on which the summary is based. III. A FIDUCIARY ACCOUNT SHALL CONTAIN SUFFICIENT INFORMATION TO PUT THE INTERESTED PARTIES ON NOTICE AS TO ALL SIGNIFICANT TRANSACTIONS AFFECTING ADMINISTRATION DURING THE ACCOUNTING PERIOD. Commentary: The presentation of the information account shall allow an interested party to follow the progress of the fiduciary’s administration of assets during the accounting period. An account is not complete if it does not itemize, or make reference to, assets on hand at the beginning of the accounting period. Illustration: 3.1 The first account for a decedent’s estate or a trust may detail the items received by the fiduciary and for which the fiduciary is responsible. It may refer to the total amount of an inventory filed elsewhere or assets described in a schedule attached to a trust agreement. Instead of retyping the complete list of assets in the opening balance, the preparer may prefer to attach as an exhibit a copy of the inventory, closing balance from the last account, etc., as appropriate, or may refer to them if previously provided to the interested parties who will receive it. Transactions shall be described in sufficient detail to give interested parties notice of their purpose and effect. It should be recognized that too much detail may be counterproductive to making the account understandable. In accounts covering long periods or dealing with extensive assets, it is usually desirable to consolidate information. For instance, where income from a number of securities is being accounted for over a long period of time, a statement of the total dividends received on each security with appropriate indication of changes in the number of shares held will • July 1, 2025 Florida Probate Rules 172 2003 Revision: Change in subdivision (c) to replace “heirs or devisees” with “beneficiaries” to incorporate term used in section 733.105, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(6) provides an exception for the full name of any minor “in any document or order affecting minor’s ownership of real property.” Committee notes revised. Statutory References ch. 49, Fla. Stat. Constructive service of process. § 731.201(2), (23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.105, Fla. Stat. Determination of beneficiaries. 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. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. • July 1, 2025 Florida Probate Rules 189 § 733.607, Fla. Stat. Possession of estate. § 733.608, Fla. Stat. General power of the personal representative. § 733.707(3), Fla. Stat. Order of payment of expenses and obligations. § 736.0201(7), Fla. Stat. Role of court in trust proceedings. § 736.1109, Fla. Stat. Testamentary and revocable trusts; homestead protections. § 736.151, Fla. Stat. Homestead property. 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. 2.516 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. • July 1, 2025 Florida Probate Rules 195 1988 Revision: Subdivision (a)(3) changed to require applicant to attach accompanying statements or payment receipts regarding priority expenses. Subdivision (b) added to require persons entitled to exempt property to agree to the proposed disposition. Committee notes expanded. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 732.402, Fla. Stat. Exempt property. § 735.301, Fla. Stat. Disposition without administration. Rule Reference Fla. Prob. R. 5.205(a)(4) Filing evidence of death. RULE 5.425. DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY IN SMALL ESTATES (a) Administration Not Required. No administration shall be required or formal proceedings instituted upon the estate of a decedent who: (1) died intestate; (2) leaves only: (A) personal property exempt under the provisions of section 732.402, Florida Statutes, (B) personal property exempt from the claims of creditors under the Florida Constitution, and (C) non-exempt personal property the value of which does not exceed the sum of $10,000 and the amount of • July 1, 2025 Florida Probate Rules 210 § 731.201(1), Fla. Stat. General definitions. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 734.102, Fla. Stat. Ancillary administration. § 734.1025, Fla. Stat. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. 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. Fla. Prob. R. 5.200 Petition for Administration. 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. 5.475 Ancillary administration, short form. Fed. R. Civ. P. 44(a) Proving an official record. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. • July 1, 2025 Florida Probate Rules 213 § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 734.102, Fla. Stat. Ancillary administration. § 734.1025, Fla. Stat. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. 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. 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 shall be verified and filed with the clerk and shall state: (1) the basis for the claim; (2) the amount claimed; • July 1, 2025 Florida Probate Rules 300 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 5.681. RESTORATION OF RIGHTS OF PERSON WITH DEVELOPMENTAL DISABILITY (a) Suggestion of Restoration of Rights. A suggestion of restoration of rights of a person with a developmental disability may be executed by any interested person, including the person with a developmental disability. The suggestion must contain: (1) a statement that the person with a developmental disability is capable of exercising some or all of the rights that were granted to the guardian advocate; (2) if other assistance, including supported decisionmaking agreements, is an alternative to the continued appointment of a guardian advocate; (3) evidentiary support for the filing as provided by law; and (4) the name and address of the attorney representing the person with a developmental disability, if any, known to the petitioner. (b) Counsel. Within 3 days after the suggestion has been filed, the court must appoint an attorney to represent a person with a developmental disability who is not then represented by counsel as stated in the suggestion. (c) Notice. On filing of the suggestion, if the name and address of the attorney representing the person with a developmental disability is listed in the suggestion, or on the appointment of counsel, if no name and address of an attorney are • July 1, 2025 Florida Probate Rules 302 Committee Notes Rule History 2008 Revision: New rule. 2013 Revision: Substantial revisions to reflect the designation of the pleading as a Suggestion of Restoration of Rights; the requirement for a statement of evidentiary support, the identification and address of the attorney for the person with a developmental disability; procedures for service of objections; clarification of requirements following a restoration of rights; and editorial changes. Editorial changes to conform to the court’s guidelines for rule submissions as set forth in AOSC06-14. 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. 2024 Revision: Subdivision (a)(2) amended, and subdivision (a)(4) added to reflect the legislative change to section 744.464, Florida Statutes, for the restoration of rights. Committee notes revised. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney Act. § 709.2209, Fla. Stat. Supported decisionmaking agreements. § 744.464, Fla. Stat. Restoration to capacity. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. DISCOVERY DISPUTES • FLORIDA PROBATE RULES TABLE OF CONTENTS FLORIDA PROBATE RULES ........................................................... 1 TABLE OF CONTENTS ................................................................... 1 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES........ 9 PART I — GENERAL ..................................................................... 13 RULE 5.010. SCOPE ..................................................................... 13 RULE 5.015. GENERAL DEFINITIONS ........................................... 16 RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS ................... 19 RULE 5.025. ADVERSARY PROCEEDINGS ................................... 22 RULE 5.030. ATTORNEYS ............................................................. 28 RULE 5.040. NOTICE .................................................................... 31 RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS .......... 39 RULE 5.042. TIME ........................................................................ 43 RULE 5.043. DEPOSIT OF WILLS AND CODICILS ......................... 46 RULE 5.050. TRANSFER OF PROCEEDINGS ................................ 47 RULE 5.060. REQUEST FOR NOTICES AND COPIES OF PLEADINGS ................................................................................ 49 RULE 5.065. NOTICE OF CIVIL ACTION OR ANCILLARY ADMINISTRATION ........................................................................ 51 RULE 5.080. DISCOVERY AND SUBPOENA .................................. 52 RULE 5.095. GENERAL AND SPECIAL MAGISTRATES .................. 55 • July 1, 2025 Florida Probate Rules 16 The committee continued its efforts to review the Florida Probate Code and to promulgate or amend rules regarding any procedural portions of those statutes. As a result of those efforts, as well as the efforts described above, the committee recommended amendments to rules 5.010, 5.025, 5.040, 5.050, 5.200, 5.240, 5.310, 5.346, 5.400, 5.470, 5.550, 5.560, 5.590, 5.600, 5.610, 5.620, 5.630, 5.640, 5.650, 5.660, 5.670, 5.680, 5.695, 5.700, 5.710, and 5.800; creation of new rules 5.496, 5.540, 5.541, 5.555, 5.635, 5.636, 5.690, 5.696, 5.697, 5.705, and 5.900; and deletion of rule 5.495. In addition, the committee recommended editorial changes in virtually all the rules so that they would conform stylistically to one another and to all other rules promulgated by the supreme court. 2003 Revision: The committee has promulgated numerous changes in the rules and in the committee notes to many of the rules, in response to legislative amendments that deleted procedural aspects of a number of statutes in the Florida Probate Code, including deletion and re-titling of some statutes. See Ch. 2001-226, Laws of Fla. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040(a)(3)(B) Notice. Fla. Prob. R. 5.050 Transfer of proceedings. Fla. Prob. R. 5.080 Discovery and subpoena. Fla. Prob. R. 5.230(e) Commission to prove will. Fla. R. App. P. 9.800 Uniform citation system. RULE 5.015. GENERAL DEFINITIONS (a) General. The definitions and rules of construction stated or referred to in sections 1.01 and 393.12, Florida Statutes, and chapters 731, 732, 733, 734, 735, 736, 738, 739, and 744, Florida • July 1, 2025 Florida Probate Rules 27 § 733.105, Fla. Stat. Determination of beneficiaries. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. Discovery of later will. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.505, Fla. Stat. Jurisdiction in removal proceedings. § 733.506, Fla. Stat. Proceedings for removal. § 733.5061, Fla. Stat. Appointment of successor upon removal. § 733.603, Fla. Stat. Personal representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. Stat. Partition for purpose of distribution. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. Proceedings for removal of a guardian. • July 1, 2025 Florida Probate Rules 28 § 825.1035, Fla. Stat. Injunction for protection against exploitation of a vulnerable adult. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.270 Revocation of probate. Fla. Prob. R. 5.360 Elective share. Fla. Prob. R. 5.365 Petition for dower. Fla. Prob. R. 5.440 Proceedings for removal. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.660 Proceedings for removal of guardian. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Civ. P. 1.140 Defenses. Fla. R. Civ. P. 1.160 Motions. Fla. R. Civ. P. 1.200 Pretrial procedure. Fla. R. Civ. P. 1.280 General provisions governing discovery. Fla. R. Civ. P. 1.290 Depositions before action or pending appeal. Fla. R. Civ. P. 1.310 Depositions upon oral examination. Fla. R. Civ. P. 1.340 Interrogatories to parties. Fla. R. Civ. P. 1.380 Failure to make discovery; sanctions. RULE 5.030. ATTORNEYS (a) Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole • July 1, 2025 Florida Probate Rules 53 (2) Rule 1.290, depositions before action or pending appeal. (3) Rule 1.300, persons before whom depositions may be taken. (4) Rule 1.310, depositions upon oral examination. (5) Rule 1.320, depositions upon written questions. (6) Rule 1.330, use of depositions in court proceedings. (7) Rule 1.340, interrogatories to parties. (8) Rule 1.350, production of documents and things and entry upon land for inspection and other purposes. (9) Rule 1.351, production of documents and things without deposition. (10) Rule 1.360, examination of persons. (11) Rule 1.370, requests for admission. (12) Rule 1.380, failure to make discovery; sanctions. (13) Rule 1.390, depositions of expert witnesses. (14) Rule 1.410, subpoena. (b) Limitations and Costs. In order to conserve the assets of the estate, the court has broad discretion to limit the scope and the place and manner of the discovery and to assess the costs, including attorneys’ fees, of the discovery against the party making it or against 1 or more of the beneficiaries of the estate or against the ward in such proportions as the court determines, considering, among other factors, the benefit derived therefrom. (c) Application. It is not necessary to have an adversary proceeding under rule 5.025 to utilize the rules adopted in • July 1, 2025 Florida Probate Rules 54 subdivision (a) above. Any interested person may utilize the rules adopted in subdivision (a). Committee Notes Subdivision (b) is not intended to result in the assessment of costs, including attorney’s fees, in every instance in which discovery is sought. Subdivision (c) is not intended to overrule the holdings in In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA 1976), and In re Estate of Posner, 492 So. 2d 1093 (Fla. 3d DCA 1986). Rule History 1975 Revision: This rule is the same as prior rule 5.080, broadened to include guardianships and intended to clearly permit the use of discovery practices in nonadversary probate and guardianship matters. 1977 Revision: Editorial change in citation form in committee note. 1984 Revision: Florida Rules of Civil Procedure 1.290, 1.300, 1.351, and 1.410 have been added. 1988 Revision: Subdivision (a)(15) deleted as duplicative of rule 5.070 Subpoena. Editorial change in (b). Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Reference to rule 1.400 eliminated because of deletion of that rule from the Florida Rules of Civil Procedure. Editorial change. 2002 Revision: Reference to rule 1.410 transferred to subdivision (a) from former rule 5.070. Subdivision (b) amended to give court discretion to assess attorneys’ fees. Subdivision (c) added. Committee notes revised. 2006 Revision: Committee notes revised. • July 1, 2025 Florida Probate Rules 254 (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 shall, 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. Upon reasonable written request, the guardian of the property shall 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 shall be filed as part of the verified inventory. (e) Guardian Advocates. This rule shall apply 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: Change in committee notes to conform to statutory renumbering. 1984 Revision: Change to require inventory to be filed within 60 days after issuance of letters, rather than after appointment. Committee notes revised. 1988 Revision: Editorial changes. Committee notes revised. Citation form change in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. CONTINUANCES • July 1, 2025 Florida Probate Rules 3 RULE 5.2405. SERVICE OF NOTICE OF ADMINISTRATION ON PERSONAL REPRESENTATIVE .................................................. 100 RULE 5.241. NOTICE TO CREDITORS ........................................ 102 RULE 5.260. CAVEAT; PROCEEDINGS ....................................... 106 RULE 5.270. REVOCATION OF PROBATE ................................... 109 RULE 5.275. BURDEN OF PROOF IN WILL CONTESTS ............... 111 RULE 5.310. DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION ........................................... 112 RULE 5.320. OATH OF PERSONAL REPRESENTATIVE ............... 114 RULE 5.330. EXECUTION BY PERSONAL REPRESENTATIVE ..... 119 RULE 5.340. INVENTORY............................................................ 121 RULE 5.341. ESTATE INFORMATION .......................................... 126 RULE 5.342. INVENTORY OF SAFE-DEPOSIT BOX ..................... 126 RULE 5.3425. SEARCH OF SAFE DEPOSIT BOX ....................... 128 RULE 5.345. ACCOUNTINGS OTHER THAN PERSONAL REPRESENTATIVES’ FINAL ACCOUNTINGS .............................. 130 RULE 5.346. FIDUCIARY ACCOUNTING ...................................... 133 RULE 5.350. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE .............................................................................. 155 RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES ........................................................ 158 RULE 5.360. ELECTIVE SHARE .................................................. 159 • July 1, 2025 Florida Probate Rules 6 RULE 5.560. PETITION FOR APPOINTMENT OF GUARDIAN OF AN INCAPACITATED PERSON .......................................................... 242 RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING ........................................... 247 RULE 5.600. OATH ..................................................................... 250 RULE 5.610. EXECUTION BY GUARDIAN ................................... 251 RULE 5.620. INVENTORY............................................................ 253 RULE 5.625. NOTICE OF COMPLETION OF GUARDIAN EDUCATION REQUIREMENTS ........................................................................ 256 RULE 5.630. PETITION FOR APPROVAL OF ACTS ...................... 257 RULE 5.631. PETITION FOR APPROVAL BY PROFESSIONAL GUARDIAN FOR ORDER NOT TO RESUSCITATE OR TO WITHHOLD LIFE-PROLONGING PROCEDURES ......................... 261 RULE 5.635. PETITION FOR EXTRAORDINARY AUTHORITY....... 263 RULE 5.636. SETTLEMENT OF MINORS’ CLAIMS ....................... 264 RULE 5.640. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE OF WARD .................................................................. 268 RULE 5.645. MANAGEMENT OF PROPERTY OF NONRESIDENT WARD BY FOREIGN GUARDIAN ................................................ 270 RULE 5.646. STANDBY GUARDIANS ........................................... 271 RULE 5.647. SURROGATE GUARDIAN........................................ 275 RULE 5.648. EMERGENCY TEMPORARY GUARDIAN ................. 276 RULE 5.649. GUARDIAN ADVOCATE .......................................... 279 RULE 5.650. RESIGNATION OR DISQUALIFICATION OF • July 1, 2025 Florida Probate Rules 121 § 733.612(5), (22), (24), Fla. Stat. Transactions authorized for the personal representative; exceptions. § 733.613, Fla. Stat. Personal representative’s right to sell real property. § 733.708, Fla. Stat. Compromise. § 733.901, Fla. Stat. Final discharge. Rule References Fla. Prob. R. 5.340 Inventory. Fla. Prob. R. 5.345 Accountings other than personal representatives’ final accountings. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. Prob. R. 5.350 Continuance of unincorporated business or venture. Fla. Prob. R. 5.370 Sales of real property where no power conferred. Fla. Prob. R. 5.400 Distribution and discharge. Fla. Prob. R. 5.430 Resignation of personal representative. RULE 5.340. INVENTORY (a) Contents and Filing. Unless an inventory has been previously filed, the personal representative must file an inventory of the estate within 60 days after issuance of letters. The inventory must contain notice of the beneficiaries’ rights under subdivision (e), list the estate with reasonable detail, and include for each listed item (excluding real property appearing to be protected homestead property) its estimated fair market value at the date of the decedent’s death. Real property appearing to be protected homestead property must be listed and so designated. • July 1, 2025 Florida Probate Rules 155 do not alter the total fund for which a fiduciary is accountable but must be shown in order to permit analysis and an understanding of the administration of the fund. These can be best shown in information schedules. One schedule should list all investments made during the accounting period. It should include those subsequently sold as well as those still on hand. Frequently the same money will be used for a series of investments. Therefore, the schedule should not be totalled in order to avoid giving an exaggerated idea of the size of the fund. A second schedule (entitled “Changes in Investment Holdings” in the Model Account) should show all transactions affecting a particular security holding, such as purchase of additional shares, partial sales, stock splits, change of corporate name, divestment distributions, etc. This schedule, similar to a ledger account for each holding, will reconcile opening and closing entries for particular holdings, explain changes in carrying value, and avoid extensive searches through the account for information scattered among other schedules. 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 shall 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 shall file a verified petition which shall include: (1) a statement of the nature of that business or venture; • July 1, 2025 Florida Probate Rules 270 § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.3085, Fla. Stat. Guardian advocates. § 744.441(13), Fla. Stat. Powers of guardian upon court approval. § 744.447, Fla. Stat. Petition for authorization to act. Rule Reference Fla. Prob. R. 5.350 Continuance of unincorporated business or venture. RULE 5.645. MANAGEMENT OF PROPERTY OF NONRESIDENT WARD BY FOREIGN GUARDIAN (a) Petition. A guardian of the property of a nonresident ward, duly appointed by a court of another state, territory, or country, who desires to manage any part or all of the property of the ward located in this state, may file a verified petition for authority to manage the property. The petition shall state: (1) the circumstances of the guardian’s appointment; (2) a description of the property and its estimated value; and (3) the indebtedness, if any, existing against the ward in this state. (b) Designation of Resident Agent. The guardian shall designate a resident agent as required by these rules. (c) Oath. The guardian shall file an oath as required by these rules. (d) Filing of Authenticated Copies. The guardian shall file authenticated copies of: FILING & INITIATION • July 1, 2025 Florida Probate Rules 95 the personal representative, or 1 year after service of the notice of administration; (4) the persons who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceedings involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property; (5) that an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of the notice of administration on the surviving spouse, an agent under chapter 709, Florida Statutes, or a guardian of the property of the surviving spouse; or the date that is 2 years after the date of the decedent’s death; (6) that, under certain circumstances and by failing to contest the will, the recipient of the notice of administration may be waiving the recipient’s right to contest the validity of a trust or other writing incorporated by reference into a will; and (7) that the personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in sections 732.216- 732.228, Florida Statutes, applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under section 732.2211, Florida Statutes. The written demand must be filed with the clerk. (c) Copy of Will. Unless the court directs otherwise, the personal representative of a testate estate must, on written request, • July 1, 2025 Florida Probate Rules 103 representative. Service on one creditor by a chosen method will not preclude service on another creditor by another method. (b) Contents. (1) The notice to creditors must contain the name of the decedent, the file number of the estate, the designation and address of the court, the name and address of the personal representative and of the personal representative’s attorney, and the date of first publication of the notice to creditors. The notice requires all creditors to file all claims against the estate with the court, within the time provided by law. (2) The notice must state that the personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in sections 732.216-732.228, Florida Statutes, applies, or may apply, unless a written demand is made by a creditor as specified under section 732.2211, Florida Statutes. The written demand must be filed with the clerk. (c) Method of Publication and Proof. Publication must be made as required by law. The personal representative must file proof of publication with the court within 45 days after the date of first publication of the notice to creditors. (d) Statement Regarding Creditors. Within 4 months after the date of the first publication of notice to creditors, the personal representative must file a verified statement that diligent search has been made to ascertain the name and address of each person having a claim against the estate. The statement must indicate the name and address of each person at that time known to the personal representative who has or may have a claim against the estate and whether such person was served with the notice to creditors or otherwise received actual notice of the information contained in the notice to creditors, provided that the statement • July 1, 2025 Florida Probate Rules 296 or, for a guardian of the property, when the property subject to the guardianship has been exhausted, the guardian shall 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 shall state: (1) the reason for termination of the guardianship; (2) that the guardian has fully administered the guardianship; and (3) the amount of unpaid and anticipated costs and fees to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian. (c) Final Report. The guardian of the property shall promptly file a final report. If the ward has died, the guardian must file the report no later than 45 days after he or she has been served with letters of administration, letters of curatorship, or an order of summary administration. The report shall 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 shall be served stating: (1) that any objection shall be in writing and shall 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 shall be filed within 30 days from the date of service of the petition for discharge; and

Source of truth

FLORIDA PROBATE RULES TABLE OF CONTENTS FLORIDA PROBATE RULES ........................................................... 1 TABLE OF CONTENTS ................................................................... 1 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES........ 9 PART I — GENERAL ..................................................................... 13 RULE 5.010. SCOPE ..................................................................... 13 RULE 5.015. GENERAL DEFINITIONS ........................................... 16 RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS ................... 19 RULE 5.025. ADVERSARY PROCEEDINGS ................................... 22 RULE 5.030. ATTORNEYS ............................................................. 28 RULE 5.040. NOTICE .................................................................... 31 RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS ...

Official source

19th Circuit — Administrative Orders (circuit19.org)

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Healthy · checked July 24, 2026

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—

Last verified

July 24, 2026benchpath-completeness-2026-07-24

Reviewer note: Document sha256: f47d856978efe1f150a16f1b71679ce64e6fa43797c9cf38053ad1f08566da2b. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass.

19th Cir. — judge-sherwood-bauer-jr__Probate-Rules-07-01-25.pdf: published requirements

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19th Cir. — 3956-01__2017-09.pdf: published requirements