In re: Amendments to the Florida Probate Rules—2019 Regular-Cycle Report

Summary

The Supreme Court of Florida issued a revised per curiam opinion adopting amendments to the Florida Probate Rules as part of the 2019 regular-cycle report. The amendments address, among other matters, rehearing deadlines, formal notice and service, personal-representative qualifications, notices of administration, will contests, elective shares, and guardianship-related procedures, with an effective date of January 1, 2020.

Holdings

1. The court adopted the proposed amendments to the Florida Probate Rules, with revisions to rules 5.040 and 5.636 and without adopting the proposal to remove the service timeframe in rule 5.499.
2. The service deadline in rule 5.499 should be retained rather than removed.
3. Rule 5.275(b) provides that, when the presumption of undue influence applies, the presumption shifts the burden of proof under sections 90.301–90.304, Florida Statutes.
4. The amendments became effective January 1, 2020, at 12:01 a.m., and the filing of a motion for rehearing did not alter that effective date.

Questions Presented

1. Whether the proposed 2019 regular-cycle amendments to the Florida Probate Rules should be adopted.
2. Whether the proposed amendment to rule 5.040 should be revised to govern first-class-mail service for certain in rem or quasi in rem proceedings and to clarify service and proof-of-service provisions.
3. Whether the proposed amendment to rule 5.499 removing the service timeframe for objections to a personal representative's proof of claim should be adopted.
4. Whether rule 5.275 should specify that the presumption of undue influence shifts the burden of proof under sections 90.301–90.304, Florida Statutes.

Disposition

approved