Proposed Amendments to Florida Probate Laws

Sometimes state laws change over time. Some changes are being proposed for certain probate laws.

The Florida Probate Rules Committee proposes amendments to the following rules: Rule 5.025 (Adversary Proceedings), Rule 5.122 (Curators), Rule 5.200 (Petition for Administration), Rule 5.320 (Oath of Personal Representative), and Rule 5.470 (Ancillary Administration):

• The amendment to Rule 5.025 corrects a grammatical error.
• The amendments to Rule 5.122 would require that court orders specify whether a curator is authorized to respond to demands filed under Rules 5.240 and 5.241.
• The amendments to Rules 5.200 and 5.320 update outdated statutory references.
• The amendment to Rule 5.470 aligns subdivision (a)(1) with subdivision (a)(2) for consistency.

Florida Probate Rule Summaries

Here’s a look at the probate rules that have been updated:

• Rule 5.025 – Adversary Proceedings. This rule designates certain probate proceedings as adversarial, requiring them to follow civil court procedures. These include disputes like removing a personal representative, contesting a will, or determining beneficiaries. Other matters can become adversary by declaration or court order. Once adversarial, formal notice is required, and parties follow the Florida Rules of Civil Procedure (except Rule 1.525).
• Rule 5.122 – Curators. When immediate administration is needed but a personal representative hasn’t been appointed (such as during a dispute or delay), the court may appoint a curator. A curator has limited authority to manage estate affairs until a personal representative is formally appointed. The curator must file an oath and post bond unless waived by the court.
• Rule 5.200 – Petition for Administration. This rule governs the process for initiating a probate estate. The Petition for Administration must include details such as the decedent’s name, date of death, last known address, and names of beneficiaries and heirs. It also must identify the proposed personal representative and request either formal or summary administration.
• Rule 5.320 – Oath of Personal Representative. A person appointed as personal representative must file an oath pledging to perform their duties honestly, faithfully, and according to the law. The oath affirms the individual is qualified to serve and is aware of their legal responsibilities. The oath must be filed before letters of administration are issued.
• Rule 5.470 – Ancillary Administration. This rule applies when a non-Florida resident dies owning property in Florida. Ancillary administration allows for the management and distribution of that Florida property. A personal representative from another state may be appointed in Florida if qualified, and must comply with Florida probate procedures for local assets.

Seek Legal Help

Probate can be a complex topic. The current rules are not always easy to understand, so it’s good that there will be some amendments to them.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A  can handle your Florida probate dispute with skill and efficiency. Schedule a consultation with our office today. Fill out the online form or call 954-764-4330.

Source:

floridabar.org/the-florida-bar-news/florida-probate-rules-committee-proposes-amendments-to-florida-probate-rules-5-025-5-122-5-200-5-320-and-5-470/