Florida Probate Rule 5.065
RULE 5.065. NOTICE OF CIVIL ACTION OR ANCILLARY
ADMINISTRATION
(a) Civil Action. A personal representative and a guardian
shall file a notice when a civil action has been instituted by or
against the personal representative or the guardian. The notice
shall contain:
(1) the names of the parties;
(2) the style of the court and the case number;
(3) the county and state where the proceeding is
pending;
(4) the date of commencement of the proceeding; and
(5) a brief statement of the nature of the proceeding.
(b) Ancillary Administration. The domiciliary personal
representative shall file a notice when an ancillary administration
has commenced, which notice shall contain:
(1) the name and residence address of the ancillary
personal representative; and
(2) the information required in subdivisions (a)(2), (3),
and (4) above.
(c) Copies Exhibited. A copy of the initial pleading may be
attached to the notice. To the extent an attached initial pleading
states the required information, the notice need not restate it.
Committee Notes
This rule reflects a procedural requirement not founded on a
statute or rule.
Rule History
1984 Revision: New rule.
1988 Revision: Committee notes expanded.
1992 Revision: Editorial change. Citation form changes in
committee notes.
2000 Revision: Subdivision (b) amended to eliminate
requirement to set forth nature and value of ancillary assets.
2020 Revision: Statutory references amended.
2021 Revision: Statutory references amended.
Statutory References
§ 733.612(20), Fla. Stat. Transactions authorized for the
personal representative; exceptions.
§ 744.441(1)(k), Fla. Stat. Powers of guardian upon court
approval.
ADMINISTRATION
(a) Civil Action. A personal representative and a guardian
shall file a notice when a civil action has been instituted by or
against the personal representative or the guardian. The notice
shall contain:
(1) the names of the parties;
(2) the style of the court and the case number;
(3) the county and state where the proceeding is
pending;
(4) the date of commencement of the proceeding; and
(5) a brief statement of the nature of the proceeding.
(b) Ancillary Administration. The domiciliary personal
representative shall file a notice when an ancillary administration
has commenced, which notice shall contain:
(1) the name and residence address of the ancillary
personal representative; and
(2) the information required in subdivisions (a)(2), (3),
and (4) above.
(c) Copies Exhibited. A copy of the initial pleading may be
attached to the notice. To the extent an attached initial pleading
states the required information, the notice need not restate it.
Committee Notes
This rule reflects a procedural requirement not founded on a
statute or rule.
Rule History
1984 Revision: New rule.
1988 Revision: Committee notes expanded.
1992 Revision: Editorial change. Citation form changes in
committee notes.
2000 Revision: Subdivision (b) amended to eliminate
requirement to set forth nature and value of ancillary assets.
2020 Revision: Statutory references amended.
2021 Revision: Statutory references amended.
Statutory References
§ 733.612(20), Fla. Stat. Transactions authorized for the
personal representative; exceptions.
§ 744.441(1)(k), Fla. Stat. Powers of guardian upon court
approval.