In re: Amendments to Florida Probate Rules

Summary

The Supreme Court of Florida amends Florida Probate Rules 5.025, 5.122, 5.200, 5.320, and 5.470 based on a proposal from the Florida Bar’s Probate Rules Committee. The amendments address adversary proceedings, curator powers, statutory references concerning elder and disabled-adult abuse, personal-representative oaths, and ancillary administration. The amendments become effective October 1, 2026, at 12:01 a.m.

Holdings

1. The Court adopted the proposed amendments to Florida Probate Rules 5.025, 5.122, 5.200, 5.320, and 5.470, with minor revisions.
2. The amendments become effective October 1, 2026, at 12:01 a.m., and the filing of a motion for rehearing does not alter that effective date.
3. Letters of curatorship must state whether the curator is entitled to possess or control all or part of the decedent's property, and an order authorizing a curator must state whether the curator may address demands filed under Florida Probate Rules 5.240 and 5.241.
4. Petitions for administration and oaths of individual personal representatives must address convictions for abuse, neglect, or exploitation of an elderly person or disabled adult, using the definitions in sections 825.101, 825.102, and 825.103, Florida Statutes.
5. A petition for ancillary letters in a testate estate must include an authenticated copy of the domiciliary proceedings showing the will, petition for administration, order admitting the will to probate, and authority of the personal representative to act; the court must determine whether the authenticated will complies with Florida law before admitting it to probate.

Questions Presented

1. Whether the Supreme Court of Florida should adopt the proposed amendments to Florida Probate Rules 5.025, 5.122, 5.200, 5.320, and 5.470.
2. What substantive and procedural changes should be made to the rules governing adversary probate proceedings, curatorships, personal-representative qualifications and oaths, and ancillary administration.
3. When the adopted amendments should become effective.

Disposition

approved