Florida Probate Rule 5.210
RULE 5.210. PROBATE OF WILLS WITHOUT
ADMINISTRATION
(a) Petition and Contents. A petition to admit a decedent’s
will to probate without administration shall be verified by the
petitioner and shall contain:
(1) a statement of the interest of the petitioner, the
petitioner’s name and address, and the name and office address of
the petitioner’s attorney;
(2) the name and last known address of the decedent,
last 4 digits of the decedent’s social security number, date and
place of death of the decedent, and state and county of the
decedent’s domicile;
(3) so far as is known, the names and addresses of the
surviving spouse, if any, the beneficiaries and their relationships to
the decedent, and the name and year of birth of any who are
minors;
(4) a statement showing venue;
(5) a statement whether domiciliary or principal
proceedings are pending in another state or country, if known, and
the name and address of the foreign personal representative and
the court issuing letters;
(6) a statement that there are no assets subject to
administration in Florida;
(7) a statement identifying all unrevoked wills and
codicils being presented for probate and a statement that the
petitioner is unaware of any other unrevoked wills or codicils or, if
the petitioner is aware of any other unrevoked wills or codicils, a
statement why the other wills or codicils are not being probated;
and
(8) a statement that the original of the decedent’s last
will is in the possession of the court or accompanies the petition, or
that an authenticated copy of a will deposited with or probated in
another jurisdiction or that an authenticated copy of a notarial will,
the original of which is in the possession of a foreign notary,
accompanies the petition.
(b) Service. The petitioner shall serve a copy of the petition
on those persons who would be entitled to service under rule 5.240.
(c) Objections. Objections to the validity of the will shall
follow the form and procedure set forth in these rules pertaining to
revocation of probate. Objections to the venue or jurisdiction of the
court shall follow the form and procedure set forth in the Florida
Rules of Civil Procedure.
(d) Order. An order admitting the will to probate shall
include a finding that the will has been executed as required by law.
Committee Notes
Examples illustrating when a will might be admitted to
probate are when an instrument (such as a will or trust agreement)
gives the decedent a power exercisable by will, such as the power to
appoint a successor trustee or a testamentary power of
appointment. In each instance, the will of the person holding the
power has no legal significance until admitted to probate. There
may be no assets, creditors’ issues, or other need for a probate
beyond admitting the will to establish the exercise or non-exercise
of such powers.
Rule History
1975 Revision: Proof of will may be taken by any Florida
circuit judge or clerk without issuance of commission.
1984 Revision: This rule has been completely revised to set
forth the procedure for proving all wills except lost or destroyed
wills and the title changed. The rule requires an oath attesting to
the statutory requirements for execution of wills and the will must
be proved before an order can be entered admitting it to probate.
Former rules 5.280, 5.290, and 5.500 are included in this rule.
Committee notes revised.
1988 Revision: Editorial and substantive changes. Change in
(a)(3) to clarify which law determines validity of a notarial will;
change in (a)(4) to clarify requirement that will of a Florida resident
must comply with Florida law; adds new subdivision (b) to set forth
required contents of petition for probate of will; moves former (b) to
(c). Committee notes expanded; citation form change in committee
notes.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
1996 Revision: Subdivision (a)(4) changed to allow
authenticated copies of wills to be admitted to probate if the original
is filed or deposited in another jurisdiction.
2002 Revision: Substantial revision to the rule setting forth
the requirements of a petition to admit a will to probate when
administration is not required. Self proof of wills is governed by the
Florida Statutes. Former subdivision (a)(4) amended and transferred
to new rule 5.215. Former subdivision (a)(5) amended and
transferred to new rule 5.216.
2003 Revision: Committee notes revised.
2007 Revision: Existing text redesignated as subdivision (a)
and editorial change made in (a)(7). New subdivisions (b) and (c)
added to provide for service of the petition and the procedure for
objections consistent with the procedures for probate of a will with
administration. Committee notes revised.
2010 Revision: Subdivision (b) amended to reflect that service
of the petition to admit a decedent’s will to probate without
administration shall be served on the persons who would be
entitled to service of the notice of administration in a formal
administration as set forth in rule 5.240. New subdivision (d) added
to provide that any order admitting the decedent’s will to probate
without administration contain a finding that the will was executed
as required by law. Committee notes revised.
2011 Revision: Subdivision (a)(2) amended to limit listing of
decedent’s social security number to last four digits.
2014 Revision: Subdivision (a)(3) amended to conform to Fla.
R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
Statutory References
§ 731.201, Fla. Stat. General definitions.
§ 731.301, Fla. Stat. Notice.
§ 732.502, Fla. Stat. Execution of wills.
§ 732.503, Fla. Stat. Self-proof of will.
§ 733.103, Fla. Stat. Effect of probate.
§ 733.201, Fla. Stat. Proof of wills.
§ 733.202, Fla. Stat. Petition.
§ 733.204, Fla. Stat. Probate of a will written in a foreign
language.
§ 733.205, Fla. Stat. Probate of notarial will.
§ 733.206, Fla. Stat. Probate of will of resident after foreign
probate.
§ 733.207, Fla. Stat. Establishment and probate of lost or
destroyed will.
§ 734.104, Fla. Stat. Foreign wills; admission to record; effect
on title.
Rule References
Fla. Prob. R. 5.015 General definitions.
Fla. Prob. R. 5.020 Pleadings, verification; motions.
Fla. Prob. R. 5.205(a)(7) Filing evidence of death.
Fla. Prob. R. 5.215 Authenticated copy of will.
Fla. Prob. R. 5.216 Will written in foreign language.
Fla. Prob. R. 5.230 Commission to prove will.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.270 Revocation of probate.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
ADMINISTRATION
(a) Petition and Contents. A petition to admit a decedent’s
will to probate without administration shall be verified by the
petitioner and shall contain:
(1) a statement of the interest of the petitioner, the
petitioner’s name and address, and the name and office address of
the petitioner’s attorney;
(2) the name and last known address of the decedent,
last 4 digits of the decedent’s social security number, date and
place of death of the decedent, and state and county of the
decedent’s domicile;
(3) so far as is known, the names and addresses of the
surviving spouse, if any, the beneficiaries and their relationships to
the decedent, and the name and year of birth of any who are
minors;
(4) a statement showing venue;
(5) a statement whether domiciliary or principal
proceedings are pending in another state or country, if known, and
the name and address of the foreign personal representative and
the court issuing letters;
(6) a statement that there are no assets subject to
administration in Florida;
(7) a statement identifying all unrevoked wills and
codicils being presented for probate and a statement that the
petitioner is unaware of any other unrevoked wills or codicils or, if
the petitioner is aware of any other unrevoked wills or codicils, a
statement why the other wills or codicils are not being probated;
and
(8) a statement that the original of the decedent’s last
will is in the possession of the court or accompanies the petition, or
that an authenticated copy of a will deposited with or probated in
another jurisdiction or that an authenticated copy of a notarial will,
the original of which is in the possession of a foreign notary,
accompanies the petition.
(b) Service. The petitioner shall serve a copy of the petition
on those persons who would be entitled to service under rule 5.240.
(c) Objections. Objections to the validity of the will shall
follow the form and procedure set forth in these rules pertaining to
revocation of probate. Objections to the venue or jurisdiction of the
court shall follow the form and procedure set forth in the Florida
Rules of Civil Procedure.
(d) Order. An order admitting the will to probate shall
include a finding that the will has been executed as required by law.
Committee Notes
Examples illustrating when a will might be admitted to
probate are when an instrument (such as a will or trust agreement)
gives the decedent a power exercisable by will, such as the power to
appoint a successor trustee or a testamentary power of
appointment. In each instance, the will of the person holding the
power has no legal significance until admitted to probate. There
may be no assets, creditors’ issues, or other need for a probate
beyond admitting the will to establish the exercise or non-exercise
of such powers.
Rule History
1975 Revision: Proof of will may be taken by any Florida
circuit judge or clerk without issuance of commission.
1984 Revision: This rule has been completely revised to set
forth the procedure for proving all wills except lost or destroyed
wills and the title changed. The rule requires an oath attesting to
the statutory requirements for execution of wills and the will must
be proved before an order can be entered admitting it to probate.
Former rules 5.280, 5.290, and 5.500 are included in this rule.
Committee notes revised.
1988 Revision: Editorial and substantive changes. Change in
(a)(3) to clarify which law determines validity of a notarial will;
change in (a)(4) to clarify requirement that will of a Florida resident
must comply with Florida law; adds new subdivision (b) to set forth
required contents of petition for probate of will; moves former (b) to
(c). Committee notes expanded; citation form change in committee
notes.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
1996 Revision: Subdivision (a)(4) changed to allow
authenticated copies of wills to be admitted to probate if the original
is filed or deposited in another jurisdiction.
2002 Revision: Substantial revision to the rule setting forth
the requirements of a petition to admit a will to probate when
administration is not required. Self proof of wills is governed by the
Florida Statutes. Former subdivision (a)(4) amended and transferred
to new rule 5.215. Former subdivision (a)(5) amended and
transferred to new rule 5.216.
2003 Revision: Committee notes revised.
2007 Revision: Existing text redesignated as subdivision (a)
and editorial change made in (a)(7). New subdivisions (b) and (c)
added to provide for service of the petition and the procedure for
objections consistent with the procedures for probate of a will with
administration. Committee notes revised.
2010 Revision: Subdivision (b) amended to reflect that service
of the petition to admit a decedent’s will to probate without
administration shall be served on the persons who would be
entitled to service of the notice of administration in a formal
administration as set forth in rule 5.240. New subdivision (d) added
to provide that any order admitting the decedent’s will to probate
without administration contain a finding that the will was executed
as required by law. Committee notes revised.
2011 Revision: Subdivision (a)(2) amended to limit listing of
decedent’s social security number to last four digits.
2014 Revision: Subdivision (a)(3) amended to conform to Fla.
R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
Statutory References
§ 731.201, Fla. Stat. General definitions.
§ 731.301, Fla. Stat. Notice.
§ 732.502, Fla. Stat. Execution of wills.
§ 732.503, Fla. Stat. Self-proof of will.
§ 733.103, Fla. Stat. Effect of probate.
§ 733.201, Fla. Stat. Proof of wills.
§ 733.202, Fla. Stat. Petition.
§ 733.204, Fla. Stat. Probate of a will written in a foreign
language.
§ 733.205, Fla. Stat. Probate of notarial will.
§ 733.206, Fla. Stat. Probate of will of resident after foreign
probate.
§ 733.207, Fla. Stat. Establishment and probate of lost or
destroyed will.
§ 734.104, Fla. Stat. Foreign wills; admission to record; effect
on title.
Rule References
Fla. Prob. R. 5.015 General definitions.
Fla. Prob. R. 5.020 Pleadings, verification; motions.
Fla. Prob. R. 5.205(a)(7) Filing evidence of death.
Fla. Prob. R. 5.215 Authenticated copy of will.
Fla. Prob. R. 5.216 Will written in foreign language.
Fla. Prob. R. 5.230 Commission to prove will.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.270 Revocation of probate.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.