Amendments to the probate rules to conform with recently passed legislation.

The Florida Supreme Court has adopted amendments to the Florida Probate Rules, in response to recent legislation. The court invites all interested persons to comment on the amendments, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before February 7, with a certificate of service verifying that a copy has been served on Jeffrey Scott Goethe, Committee Chair, 3119 Manatee Avenue West, Bradenton 34205-3350, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The committee chair has until February 28 to file a response to any comments filed with the court. Electronic copies of all comments and responses also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA

IN RE AMENDMENTS TO THE FLORIDA PROBATE RULES, CASE NO. SC10-1928.

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 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 shaflmust 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

[No Change]

Rule History

1988 Revision--2003 Revision: [No Change]

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

[No Change]

Rule References

[No Change]

RULE 5.260. CAVEAT; PROCEEDINGS

(a) Filing. Any creditor or interested person other than a creditor may file a caveat with the court. The caveat of an interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person's death.

(b) Contents. The caveat shall contain the decedent's name, the decedent's social security number, or date of birth, if known, a statement of the interest of the caveator in the estate, and the name, and specific mailing address, and residence address of the caveator.

(c) Resident Agent of Caveator; Service. If the caveator is not a state agency or a resident of the Florida county where the caveat is filed, the caveator shall must file a designation of designate an agent for service of notice. The designation shall state either (1)...