In re Amendments to Florida Probate Rule 5.405

Summary

The Supreme Court of Florida adopts amendments to Florida Probate Rule 5.405 concerning proceedings to determine the protected homestead status of real property. The amendments require petitions to state whether the decedent died testate or intestate and, when applicable, identify the method by which a surviving spouse waived homestead rights; they also revise related numbering, order language, notes, and references. The amendments become effective October 1, 2025, at 12:01 a.m.

Holdings

1. The Supreme Court of Florida adopted the proposed amendments to Florida Probate Rule 5.405.
2. A petition under Florida Probate Rule 5.405 must state whether the decedent died testate or intestate and, if applicable, whether the surviving spouse waived homestead rights and the method by which the waiver occurred.
3. Florida Probate Rule 5.405(d) was amended to remove references to 'of the decedent' when referring to homestead.

Questions Presented

1. Whether the Supreme Court of Florida should adopt the proposed amendments to Florida Probate Rule 5.405 governing proceedings to determine protected homestead status of real property.
2. What information a petition must contain concerning the decedent's testamentary status and any surviving spouse's waiver of homestead rights.

Disposition

approved