Florida Probate Rules

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Version: Florida Probate Rules

Introductory Material

CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES

Parts

PART I�� GENERAL
PART II�� PROBATE
PART III�� GUARDIANSHIP
PART IV�� EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES
PART V�� FORMS
PART I�� GENERAL

Rules (123)

RULE 5.010 SCOPE
RULE 5.015 GENERAL DEFINITIONS
RULE 5.020 PLEADINGS; VERIFICATION; MOTIONS
RULE 5.025 ADVERSARY PROCEEDINGS
RULE 5.030 ATTORNEYS
RULE 5.040 NOTICE
RULE 5.041 SERVICE OF PLEADINGS AND DOCUMENTS
RULE 5.042 TIME
RULE 5.043 DEPOSIT OF WILLS AND CODICILS
RULE 5.050 TRANSFER OF PROCEEDINGS
RULE 5.060 REQUEST FOR NOTICES AND COPIES OF PLEADINGS
RULE 5.065 NOTICE OF CIVIL ACTION OR ANCILLARY ADMINISTRATION
RULE 5.080 DISCOVERY AND SUBPOENA
RULE 5.095 GENERAL AND SPECIAL MAGISTRATES
RULE 5.100 RIGHT OF APPEAL
RULE 5.110 ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE
RULE 5.120 ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM
RULE 5.122 CURATORS
RULE 5.150 ORDER REQUIRING ACCOUNTING
RULE 5.160 PRODUCTION OF ASSETS
RULE 5.170 EVIDENCE
RULE 5.171 EVIDENCE OF DEATH
RULE 5.180 WAIVER AND CONSENT
RULE 5.200 PETITION FOR ADMINISTRATION
RULE 5.201 NOTICE OF PETITION FOR ADMINISTRATION
RULE 5.205 FILING EVIDENCE OF DEATH
RULE 5.210 PROBATE OF WILLS WITHOUT ADMINISTRATION
RULE 5.215 AUTHENTICATED COPY OF WILL
RULE 5.216 WILL WRITTEN IN FOREIGN LANGUAGE
RULE 5.230 COMMISSION TO PROVE WILL
RULE 5.235 ISSUANCE OF LETTERS, BOND
RULE 5.240 NOTICE OF ADMINISTRATION
RULE 5.2405 SERVICE OF NOTICE OF ADMINISTRATION ON PERSONAL REPRESENTATIVE
RULE 5.241 NOTICE TO CREDITORS
RULE 5.260 CAVEAT; PROCEEDINGS
RULE 5.270 REVOCATION OF PROBATE
RULE 5.275 BURDEN OF PROOF IN WILL CONTESTS
RULE 5.310 DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION
RULE 5.320 OATH OF PERSONAL REPRESENTATIVE
RULE 5.330 EXECUTION BY PERSONAL REPRESENTATIVE
RULE 5.340 INVENTORY
RULE 5.341 ESTATE INFORMATION
RULE 5.342 INVENTORY OF SAFE-DEPOSIT BOX
RULE 5.3425 SEARCH OF SAFE DEPOSIT BOX
RULE 5.345 ACCOUNTINGS OTHER THAN PERSONAL REPRESENTATIVES’ FINAL ACCOUNTINGS
RULE 5.346 FIDUCIARY ACCOUNTING
RULE 5.350 CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE
RULE 5.355 PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES
RULE 5.360 ELECTIVE SHARE
RULE 5.365 PETITION FOR DOWER
RULE 5.370 SALES OF REAL PROPERTY WHERE NO POWER CONFERRED
RULE 5.380 COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS
RULE 5.385 DETERMINATION OF BENEFICIARIES AND SHARES
RULE 5.386 ESCHEAT
RULE 5.395 NOTICE OF FEDERAL ESTATE TAX RETURN
RULE 5.400 DISTRIBUTION AND DISCHARGE
RULE 5.401 OBJECTIONS TO PETITION FOR DISCHARGE OR FINAL ACCOUNTING
RULE 5.402 NOTICE OF LIEN ON PROTECTED HOMESTEAD
RULE 5.403 PROCEEDINGS TO DETERMINE AMOUNT OF LIEN ON PROTECTED HOMESTEAD
RULE 5.404 NOTICE OF TAKING POSSESSION OF PROTECTED HOMESTEAD
RULE 5.405 PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD STATUS OF REAL PROPERTY
RULE 5.406 PROCEEDINGS TO DETERMINE EXEMPT PROPERTY
RULE 5.407 PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE
RULE 5.420 DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION
RULE 5.425 DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY IN SMALL ESTATES
RULE 5.430 RESIGNATION OF PERSONAL REPRESENTATIVE
RULE 5.440 PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE
RULE 5.460 SUBSEQUENT ADMINISTRATION
RULE 5.470 ANCILLARY ADMINISTRATION
RULE 5.475 ANCILLARY ADMINISTRATION, SHORT FORM
RULE 5.490 FORM AND MANNER OF PRESENTING CLAIM
RULE 5.496 FORM AND MANNER OF OBJECTING TO CLAIM
RULE 5.498 PERSONAL REPRESENTATIVE’S PROOF OF CLAIM .....
RULE 5.499 FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE’S PROOF OF CLAIM
RULE 5.510 ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL
RULE 5.530 SUMMARY ADMINISTRATION
RULE 5.540 HEARINGS
RULE 5.541 RECORDING OF HEARINGS
RULE 5.550 PETITION TO DETERMINE INCAPACITY
RULE 5.552 VOLUNTARY GUARDIANSHIP OF PROPERTY
RULE 5.555 GUARDIANSHIPS OF MINORS
RULE 5.560 PETITION FOR APPOINTMENT OF GUARDIAN OF AN INCAPACITATED PERSON
RULE 5.590 APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING
RULE 5.600 OATH
RULE 5.610 EXECUTION BY GUARDIAN
RULE 5.620 INVENTORY
RULE 5.625 NOTICE OF COMPLETION OF GUARDIAN EDUCATION REQUIREMENTS
RULE 5.630 PETITION FOR APPROVAL OF ACTS
RULE 5.631 PETITION FOR APPROVAL BY PROFESSIONAL GUARDIAN FOR ORDER NOT TO RESUSCITATE OR TO WITHHOLD LIFE-PROLONGING PROCEDURES
RULE 5.635 PETITION FOR EXTRAORDINARY AUTHORITY
RULE 5.636 SETTLEMENT OF MINORS’ CLAIMS
RULE 5.640 CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE OF WARD
RULE 5.645 MANAGEMENT OF PROPERTY OF NONRESIDENT WARD BY FOREIGN GUARDIAN
RULE 5.646 STANDBY GUARDIANS
RULE 5.647 SURROGATE GUARDIAN
RULE 5.648 EMERGENCY TEMPORARY GUARDIAN
RULE 5.649 GUARDIAN ADVOCATE
RULE 5.650 RESIGNATION OR DISQUALIFICATION OF GUARDIAN; APPOINTMENT OF SUCCESSOR
RULE 5.660 PROCEEDINGS FOR REMOVAL OF GUARDIAN
RULE 5.670 TERMINATION OF GUARDIANSHIP ON CHANGE OF DOMICILE OF RESIDENT WARD
RULE 5.680 TERMINATION OF GUARDIANSHIP
RULE 5.681 RESTORATION OF RIGHTS OF PERSON WITH DEVELOPMENTAL DISABILITY
RULE 5.685 DETERMINATION REGARDING ALTERNATIVES TO GUARDIANSHIP
RULE 5.690 INITIAL GUARDIANSHIP REPORT
RULE 5.695 ANNUAL GUARDIANSHIP REPORT
RULE 5.696 GUARDIAN ACCOUNTING
RULE 5.697 MAGISTRATES’ REVIEW OF GUARDIANSHIP INVENTORIES, ACCOUNTINGS, AND PLANS
RULE 5.700 OBJECTION TO GUARDIANSHIP REPORTS
RULE 5.705 PETITION FOR INTERIM JUDICIAL REVIEW
RULE 5.710 REPORTS OF PUBLIC GUARDIAN
RULE 5.720 COURT MONITOR
RULE 5.725 EMERGENCY COURT MONITOR
RULE 5.800 APPLICATION OF REVISED CHAPTER 744 TO EXISTING GUARDIANSHIPS
RULE 5.900 EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES
RULE 5.901 FORM FOR PETITION TO DETERMINE INCAPACITY
RULE 5.902 FORM FOR PETITION AND ORDER OF GUARDIAN
RULE 5.903 LETTERS OF GUARDIANSHIP
RULE 5.904 FORMS FOR INITIAL AND ANNUAL GUARDIANSHIP PLANS .............................................................................. 360 APPENDIX A .............................................................................. 376 APPENDIX B
RULE 5.905 FORM FOR PETITION; NOTICE; AND ORDER FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON
RULE 5.906 LETTERS OF GUARDIAN ADVOCACY
RULE 5.910 INVENTORY
RULE 5.920 FORMS RELATED TO INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT
RULE 5.930 AFFIDAVIT OF QUALIFIED CUSTODIAN OF ELECTRONIC WILL

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