These rules govern the procedure in all probate and guardianship proceedings and shall be known as the Florida Probate Rules and may be cited as Fla. Prob. R. Part I applies to all proceedings. Part II applies to probate alone, Part III applies to guardianship alone, and Part IV applies to expedited judicial intervention concerning medical treatment procedures. The Florida Rules of Civil Procedure apply only as provided herein.
RULE 5.010. SCOPE
Last Modified on Rules.Legal:
- Florida Family Law Rules of Procedure
- Florida Probate Rules
- RULE 5.010. SCOPE
- RULE 5.015. GENERAL DEFINITIONS
- RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS
- RULE 5.025. ADVERSARY PROCEEDINGS
- RULE 5.030. ATTORNEYS
- RULE 5.040. NOTICE
- RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS
- RULE 5.042. TIME
- RULE 5.043. DEPOSIT OF WILLS AND CODICILS
- RULE 5.050. TRANSFER OF PROCEEDINGS
- RULE 5.060. REQUEST FOR NOTICES AND COPIES OF PLEADINGS
- RULE 5.065. NOTICE OF CIVIL ACTION OR ANCILLARY ADMINISTRATION
- RULE 5.080. DISCOVERY AND SUBPOENA
- RULE 5.095. GENERAL AND SPECIAL MAGISTRATES
- RULE 5.100. RIGHT OF APPEAL
- RULE 5.110. ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE
- RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM
- RULE 5.122. CURATORS
- RULE 5.150. ORDER REQUIRING ACCOUNTING
- RULE 5.160. PRODUCTION OF ASSETS
- RULE 5.170. EVIDENCE
- RULE 5.171. EVIDENCE OF DEATH
- RULE 5.180. WAIVER AND CONSENT
- RULE 5.200. PETITION FOR ADMINISTRATION
- RULE 5.201. NOTICE OF PETITION FOR ADMINISTRATION
- RULE 5.205. FILING EVIDENCE OF DEATH
- RULE 5.210. PROBATE OF WILLS WITHOUT ADMINISTRATION
- RULE 5.215. AUTHENTICATED COPY OF WILL
- RULE 5.216. WILL WRITTEN IN FOREIGN LANGUAGE
- RULE 5.230. COMMISSION TO PROVE WILL
- RULE 5.235. ISSUANCE OF LETTERS, BOND
- RULE 5.240. NOTICE OF ADMINISTRATION
- RULE 5.2405. SERVICE OF NOTICE OF ADMINISTRATION ON PERSONAL REPRESENTATIVE
- RULE 5.241. NOTICE TO CREDITORS
- RULE 5.260. CAVEAT; PROCEEDINGS
- RULE 5.270. REVOCATION OF PROBATE
- RULE 5.275. BURDEN OF PROOF IN WILL CONTESTS
- RULE 5.310. DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION
- RULE 5.320. OATH OF PERSONAL REPRESENTATIVE
- RULE 5.330. EXECUTION BY PERSONAL REPRESENTATIVE
- RULE 5.340. INVENTORY
- RULE 5.341. ESTATE INFORMATION
- RULE 5.342. INVENTORY OF SAFE-DEPOSIT BOX
- RULE 5.3425. SEARCH OF SAFE DEPOSIT BOX
- RULE 5.345. ACCOUNTINGS OTHER THAN PERSONAL REPRESENTATIVES’ FINAL ACCOUNTINGS
- RULE 5.346. FIDUCIARY ACCOUNTING
- RULE 5.350. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE
- RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES
- RULE 5.360. ELECTIVE SHARE
- RULE 5.365. PETITION FOR DOWER
- RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER CONFERRED
- RULE 5.380. COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS
- RULE 5.385. DETERMINATION OF BENEFICIARIES AND SHARES
- RULE 5.386. ESCHEAT
- RULE 5.395. NOTICE OF FEDERAL ESTATE TAX RETURN
- RULE 5.400. DISTRIBUTION AND DISCHARGE
- RULE 5.401. OBJECTIONS TO PETITION FOR DISCHARGE OR FINAL ACCOUNTING
- RULE 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD
- RULE 5.403. PROCEEDINGS TO DETERMINE AMOUNT OF LIEN ON PROTECTED HOMESTEAD
- RULE 5.404. NOTICE OF TAKING POSSESSION OF PROTECTED HOMESTEAD
- RULE 5.405. PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD STATUS OF REAL PROPERTY
- RULE 5.406. PROCEEDINGS TO DETERMINE EXEMPT PROPERTY
- RULE 5.407. PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE
- RULE 5.420. DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION
- RULE 5.425. DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY IN SMALL ESTATES
- RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE
- RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE
- RULE 5.460. SUBSEQUENT ADMINISTRATION
- RULE 5.470. ANCILLARY ADMINISTRATION
- RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM
- RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM
- RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM
- RULE 5.498. PERSONAL REPRESENTATIVE’S PROOF OF CLAIM
- RULE 5.499. FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE’S PROOF OF CLAIM
- RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL
- RULE 5.530. SUMMARY ADMINISTRATION
- RULE 5.540. HEARINGS
- RULE 5.541. RECORDING OF HEARINGS
- RULE 5.550. PETITION TO DETERMINE INCAPACITY
- RULE 5.552. VOLUNTARY GUARDIANSHIP OF PROPERTY
- RULE 5.555. GUARDIANSHIPS OF MINORS
- RULE 5.560. PETITION FOR APPOINTMENT OF GUARDIAN OF AN INCAPACITATED PERSON
- RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING
- RULE 5.600. OATH
- RULE 5.610. EXECUTION BY GUARDIAN
- RULE 5.620. INVENTORY
- RULE 5.625. NOTICE OF COMPLETION OF GUARDIAN EDUCATION REQUIREMENTS
- RULE 5.630. PETITION FOR APPROVAL OF ACTS
- RULE 5.635. PETITION FOR EXTRAORDINARY AUTHORITY
- RULE 5.636. SETTLEMENT OF MINORS’ CLAIMS
- RULE 5.640. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE OF WARD
- RULE 5.645. MANAGEMENT OF PROPERTY OF NONRESIDENT WARD BY FOREIGN GUARDIAN
- RULE 5.646. STANDBY GUARDIANS
- RULE 5.647. SURROGATE GUARDIAN
- RULE 5.648. EMERGENCY TEMPORARY GUARDIAN
- RULE 5.649. GUARDIAN ADVOCATE
- RULE 5.650. RESIGNATION OR DISQUALIFICATION OF GUARDIAN; APPOINTMENT OF SUCCESSOR
- RULE 5.660. PROCEEDINGS FOR REMOVAL OF GUARDIAN
- RULE 5.670. TERMINATION OF GUARDIANSHIP ON CHANGE OF DOMICILE OF RESIDENT WARD
- RULE 5.680. TERMINATION OF GUARDIANSHIP
- RULE 5.681. RESTORATION OF RIGHTS OF PERSON WITH DEVELOPMENTAL DISABILITY
- RULE 5.685. DETERMINATION REGARDING ALTERNATIVES TO GUARDIANSHIP
- RULE 5.690. INITIAL GUARDIANSHIP REPORT
- RULE 5.695. ANNUAL GUARDIANSHIP REPORT
- RULE 5.696. GUARDIAN ACCOUNTING
- RULE 5.697. MAGISTRATES’ REVIEW OF GUARDIANSHIP INVENTORIES, ACCOUNTINGS, AND PLANS
- RULE 5.700. OBJECTION TO GUARDIANSHIP REPORTS
- RULE 5.705. PETITION FOR INTERIM JUDICIAL REVIEW
- RULE 5.710. REPORTS OF PUBLIC GUARDIAN
- RULE 5.720. COURT MONITOR
- RULE 5.725. EMERGENCY COURT MONITOR
- RULE 5.800. APPLICATION OF REVISED CHAPTER 744 TO EXISTING GUARDIANSHIPS
- RULE 5.900. EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES
- RULE 5.930. AFFIDAVIT OF QUALIFIED CUSTODIAN OF ELECTRONIC WILL
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