In re: Amendments to Florida Probate Rules 5.040, 5.330, and 5.930

Summary

The Supreme Court of Florida adopted amendments to Florida Probate Rules 5.040 and 5.330 and adopted new Rule 5.930. The amendments clarify proof of service by first-class mail, conform personal-representative signature requirements to the distribution and discharge rule, and provide a form affidavit for qualified custodians of electronic wills. The amendments became effective April 1, 2023, at 12:01 a.m.

Holdings

1. Florida Probate Rule 5.040 should be amended to clarify that, when formal notice is served by first-class mail under subdivision (a)(3)(D), service is complete upon mailing and evidence of delivery is not required, and to conform subdivision (e) to the service-completion provisions of subdivision (a)(5).
2. Florida Probate Rule 5.330 should be amended to conform to Florida Probate Rule 5.400 by requiring the personal representative to sign the petition for discharge rather than a petition for distribution and discharge.
3. New Florida Probate Rule 5.930, including its form affidavit, is adopted for use by qualified custodians of electronic wills.

Questions Presented

1. Whether the Florida Supreme Court should amend Florida Probate Rule 5.040 to clarify service completion and proof-of-service requirements.
2. Whether Florida Probate Rule 5.330 should be amended to conform the personal representative's required signature to Florida Probate Rule 5.400.
3. Whether the Court should adopt new Florida Probate Rule 5.930 and its form affidavit for qualified custodians of electronic wills.

Disposition

other