RULE 5.2405. SERVICE OF NOTICE OF ADMINISTRATION ON
PERSONAL REPRESENTATIVE

(a) Date Notice of Administration is Considered Served
on Person who is Personal Representative. Unless service of the
notice of administration is waived pursuant to Rule 5.240(e), when
a person who is entitled to service of the notice of administration
pursuant to Rule 5.240(a) is also a personal representative, the
notice of administration shall be deemed served upon the person on
the earliest of the following dates:

(1) the date on which the person acknowledges in
writing receipt of the notice of administration;

(2) the date on which the notice of administration is
first served on any other person entitled to service of the notice of
administration (or the first among multiple persons entitled to
service); or

(3) the date that is 30 days after the date letters of
administration are issued.

(b) Date Other Notices are Considered Served on Person
who is Personal Representative. When a person who is entitled to
service of notice under these rules or the Florida Probate Code
(other than the notice of administration) is also a personal
representative, any notice shall be deemed as having been served
on the personal representative on the earliest of the following dates:

(1) the date on which the person acknowledges in
writing receipt of the notice;
(2) the date on which the notice is required to be served
by the personal representative under these rules or the Florida
Probate Code; or,

(3) the date on which the notice is first served by the
personal representative on any other person entitled to service of
the same notice.

Committee Notes

This rule is intended to address situations in which the
personal representative is also an interested person in an estate,
but claims that he or she has not received the notice of
administration, despite the personal representative being required
to serve the notice. The receipt of the notice of administration can
trigger time limits for the person receiving the notice with regard to
certain rights, such as the right to claim an elective share.

Rule History

2013 Revision: New rule.

Statutory References

§ 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.

§ 732.5165, 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 of personal
representative.

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