RULE 5.201. NOTICE OF PETITION FOR ADMINISTRATION

(a) Petitioner Entitled to Preference of Appointment.
Except as may otherwise be required by these rules or the Florida
Probate Code, no notice need be given of the petition for
administration or the issuance of letters when it appears that the
petitioner is entitled to a preference of appointment as personal
representative.

(b) Petitioner Not Entitled to Preference. Before letters
shall be issued to any person who is not entitled to preference,
formal notice must be served on all known persons qualified to act
as personal representative and entitled to preference equal to or
greater than the applicant, unless those entitled to preference waive
it in writing.

(c) Service of Petition by Formal Notice. If the petitioner
elects or is required to serve formal notice of the petition for
administration prior to the issuance of letters, a copy of the will
offered for probate must be attached to the notice.

Committee Notes

This rule represents a rule implementation of the procedure
formerly found in section 733.203(2), Florida Statutes, which was
repealed as procedural in 2001.

Rule History

1988 Revision: New rule.

1992 Revision: Committee notes revised. Citation form
changes in committee notes.
2003 Revision: Committee notes revised.

2010 Revision: Subdivision (c) added to require service of a
copy of the will offered for probate. This requirement was included
in section 733.2123, Florida Statutes, but was removed in 2010
because it was deemed to be a procedural requirement. Committee
notes revised. Editorial changes.

Statutory References

§ 731.301, Fla. Stat. Notice.

§ 733.212, Fla. Stat. Notice of administration; filing of
objections.

§ 733.2123 Fla. Stat. Adjudication before issuance of letters.

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. Prob. R. 5.200 Petition for administration.