In re Amendments to the Florida Probate Rules

Summary

The Florida Supreme Court amended Florida Probate Rules 5.240 and 5.260 in response to statutory changes enacted by chapter 2013-172, Laws of Florida. The amendments updated statutory references and clarified that a caveator need not be served with formal notice of the caveator's own petition for administration; they became effective immediately upon release of the opinion.

Holdings

1. Florida Probate Rule 5.240(a)(3) is amended to change its reference to subsection (14) of section 736.0103, Florida Statutes, to subsection (16).
2. Florida Probate Rule 5.260(f) is amended to clarify that a caveator is not required to be served with formal notice of the caveator's own petition for administration.
3. The amendments become effective immediately upon release of the opinion, while interested persons are given sixty days to submit comments.

Questions Presented

1. Whether the Florida Supreme Court should amend Florida Probate Rules 5.240(a)(3) and 5.260(f) to conform them to statutory changes enacted by chapter 2013-172, Laws of Florida.
2. Whether the amendments should become effective immediately despite not having been published for comment before adoption.

Disposition

approved