RULE 5.240. NOTICE OF ADMINISTRATION

(a) Service. The personal representative must promptly
serve the notice of administration on the following persons who are
known to the personal representative and who were not previously
served under section 733.2123, Florida Statutes:

(1) the decedent’s surviving spouse;

(2) all beneficiaries;
(3) a trustee of any trust described in section
733.707(3), Florida Statutes, and each qualified beneficiary of the
trust as defined in section 736.0103, Florida Statutes, if each
trustee is also a personal representative of the estate; and

(4) persons who may be entitled to exempt property in
the manner provided for service of formal notice. The personal
representative may similarly serve a copy of the notice on any
devisee under another will or heirs or others who claim or may
claim an interest in the estate.

(b) Contents. The notice must state:

(1) the name of the decedent, the file number of the
estate, the designation and address of the court in which the
proceedings are pending, whether the estate is testate or intestate,
and, if testate, the date of the will and any codicils;

(2) the name and address of the personal
representative and the name and address of the personal
representative’s attorney, and that the fiduciary lawyer-client
privilege in section 90.5021, Florida Statutes, applies with respect
to the personal representative and any attorney employed by the
personal representative;

(3) that any interested person on whom a copy of the
notice of administration is served must file, on or before the date
that is 3 months after the date of service of the notice of
administration on that person any objection that challenges the
validity of the will, the venue, or the jurisdiction of the court. The 3-
month time period may only be extended for estoppel based on a
misstatement by the personal representative regarding the time
period within which an objection must be filed. The time period may
not be extended for any other reason, including affirmative
representation, failure to disclose information, or misconduct by the
personal representative or any other person. Unless sooner barred
by section 733.212(3), Florida Statutes, all objections to the validity
of a will, venue, or the jurisdiction of the court must be filed no
later than the earlier of the entry of an order of final discharge of
the personal representative, or 1 year after service of the notice of
administration;

(4) the persons who may be entitled to exempt property
under section 732.402, Florida Statutes, will be deemed to have
waived their rights to claim that property as exempt property unless
a petition for determination of exempt property is filed by such
persons or on their behalf on or before the later of the date that is 4
months after the date of service of the notice of administration on
such persons or the date that is 40 days after the date of
termination of any proceedings involving the construction,
admission to probate, or validity of the will or involving any other
matter affecting any part of the exempt property;

(5) that an election to take an elective share must be
filed on or before the earlier of the date that is 6 months after the
date of service of the notice of administration on the surviving
spouse, an agent under chapter 709, Florida Statutes, or a
guardian of the property of the surviving spouse; or the date that is
2 years after the date of the decedent’s death;

(6) that, under certain circumstances and by failing to
contest the will, the recipient of the notice of administration may be
waiving the recipient’s right to contest the validity of a trust or other
writing incorporated by reference into a will; and

(7) that the personal representative or curator has no
duty to discover whether any property held at the time of the
decedent’s death by the decedent or the decedent’s surviving spouse
is property to which the Florida Uniform Disposition of Community
Property Rights at Death Act as described in sections 732.216-
732.228, Florida Statutes, applies, or may apply, unless a written
demand is made by the surviving spouse or a beneficiary as
specified under section 732.2211, Florida Statutes. The written
demand must be filed with the clerk.

(c) Copy of Will. Unless the court directs otherwise, the
personal representative of a testate estate must, on written request,
furnish a copy of the will and all codicils admitted to probate to any
person on whom the notice of administration was served.

(d) Objections. Objections to the validity of the will must
follow the form and procedure set forth in these rules pertaining to
revocation of probate. Objections to the venue or jurisdiction of the
court must follow the form and procedure set forth in the Florida
Rules of Civil Procedure.

(e) Waiver of Service. For the purpose of determining
deadlines established by reference to the date of service of the
notice of administration in cases in which service has been waived,
service on a person who has waived notice is deemed to occur on
the date the waiver is filed.

Committee Notes

Rule History

1977 Revision: Former subdivision (c) is deleted as being
substantive rather than procedural.

1984 Revision: Editorial changes; new requirement to file proof
of publication; new requirements as to form of objections to will and
qualifications of personal representative. Committee notes revised.

1988 Revision: The obligation to mail notice of administration
to all known or reasonably ascertainable creditors has been added
to comply with the dictates of Tulsa Professional Collection Services,
Inc. v. Pope, 485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565
(1988).

This rule does not require sending notice of administration to
creditors in estates where the time for filing claims has expired
before the effective date of this rule. However, no opinion is offered
whether such claims are barred by the provisions of section
733.702, Florida Statutes.

Committee notes revised. Citation form changes in committee
notes.
1991 Revision: Subdivision (a) modified to make it consistent
with recent changes to sections 733.212 and 733.702, Florida
Statutes. Those statutes were amended to comply with the dictates
of Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478,
108 S. Ct. 1340, 99 L. Ed. 2d 565 (1988). For the same reason,
subdivision (e) was eliminated.

1992 Revision: Former subdivision (e) revised and reinstated
to emphasize need for personal representative to determine all
known or reasonably ascertainable creditors. Editorial changes;
committee notes revised; citation form changes in committee notes.

1996 Revision: Subdivision (a) amended to require service of
notice of administration on trustees of certain revocable trusts as
defined by Florida statute. Editorial changes.

2002 Revision: Procedures for notifying creditors are now
governed by new rule 5.241. Committee notes revised.

2003 Revision: Change in title of (a) to reflect elimination of
publication of notice. Committee notes revised.

2005 Revision: Subdivision (a)(3) amended to make it
consistent with 2003 change to section 733.212(1)(c), Florida
Statutes, regarding when service on trust beneficiaries is required,
and clarifying editorial change made in (a). New subdivision (b)(5)
added regarding notice to file election to take elective share.
Committee notes revised.

2007 Revision: Subdivision (a)(3) amended to replace reference
to “beneficiary” with “qualified beneficiary” and to change reference
from former section 737.303(4)(b) to new section 736.0103(14),
which defines that term. Subdivision (b)(5) amended to delete the
reference to the surviving spouse filing the election as another
person can file the election on behalf of the surviving spouse. New
subdivision (e) added to provide a deadline for objection by a person
who waives service. Committee notes revised.

2011 Revision: Subdivision (b)(2) amended to conform to
amendment to section 732.212, Florida Statutes, relating to
attorney-client privilege for fiduciary and their attorneys. Editorial
changes to conform to the court’s guidelines for rules submissions
as set forth in Administrative Order AOSC06-14. Statutory
references to section 732.402, Florida Statutes, added. Committee
Notes revised.

2013 Revision: Updated statutory reference in subdivision
(a)(3). Committee notes revised.

2015 Revision: Subdivisions (b)(3) and (d) amended to conform
to amendments to section 733.212, Florida Statutes, relating to the
removal of the requirement to object to the qualifications of a
personal representative within this statutory framework due to
other statutory amendments. The 2011 Revision contains a
scrivener’s error and it should reference section 733.212, Florida
Statutes, as opposed to section 732.212, Florida Statutes.

2019 Revision: For clarity purposes, subdivisions (b)(2), (b)(3),
(b)(4), and (b)(5) amended for consistency with section 733.212,
Florida Statutes, relating to the contents of a notice of
administration. Subdivision (b)(5) amended to replace the term
“attorney-in-fact” with “agent” to reflect 2011 enactment of section
709.2102(1), Florida Statutes.

2020 Revisions: Subdivision (b)(6) was created to conform to
an amendment to section 733.212, Florida Statutes, that requires
the Notice of Administration include a notice of a potential waiver of
rights by failing to contest the will.

2024 Revision: Subdivision (b)(7) was created to conform to an
amendment to section 733.212, Florida Statutes, which requires
the Notice of Administration include a notice that the personal
representative has no duty to determine if property is subject to the
Florida Uniform Disposition of Community Property Rights at Death
Act. Committee notes revised.

Statutory References

§ 709.2102(1), Fla. Stat. Definitions.
§ 731.201(23), Fla. Stat. General definitions.

§ 731.301, Fla. Stat. Notice.

§ 731.302, Fla. Stat. Waiver and consent by interested person.

§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.

§ 732.402, Fla. Stat. Exempt property.

§ 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and
undue influence.

§ 733.101, Fla. Stat. Venue of probate proceedings.

§ 733.109, Fla. Stat. Revocation of probate.

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

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

§ 733.302, Fla. Stat. Who may be appointed personal
representative.

§ 733.303, Fla. Stat. Persons not qualified.

§ 733.305, Fla. Stat. Trust companies and other corporations
and associations.

§ 733.504, Fla. Stat. Removal of personal representative;
causes for removal.

§ 733.506, Fla. Stat. Proceedings for removal.

Rule References

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.050 Transfer of proceedings.
Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.270 Revocation of probate.

Fla. Prob. R. 5.440 Proceedings for removal.

Fla. R. Civ. P. 1.060 Transfers of actions.