In Re: Amendments to Florida Probate Rules
Opinion
Supreme Court of Florida
No. SC2025-1462
IN RE: AMENDMENTS TO FLORIDA PROBATE RULES.
June 18, 2026
PER CURIAM.
The Florida Bar’s Probate Rules Committee has filed a report
proposing amendments to Florida Probate Rules 5.025 (Adversary
Proceedings), 5.122 (Curators), 5.200 (Petition for Administration),
5.320 (Oath of Personal Representative), and 5.470 (Ancillary
Administration). 1 The Committee and the Court published the
proposal for comment. One comment was filed with the Court, and
the Committee filed a response.
Having considered the Committee’s proposal, the comment,
and the Committee’s response, we amend the Florida Probate Rules
as proposed by the Committee, with minor revisions. The more
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
significant amendments are discussed below.
First, we amend rule 5.122 to clarify that letters of curatorship
must specify the powers being granted to the curator, and that a
court may grant a curator authority to possess or control either all
or part of the decedent’s property. Next, we amend rules 5.200 and
5.320 to provide additional statutory references for definitions of
key terms, namely sections 825.102 and 825.103, Florida Statutes.
Grammatical changes are also made throughout the rules in
compliance with the Guidelines. See In re Guidelines for Rules
Submissions, Fla. Admin. Order No. AOSC22-78 (Fla. Oct. 24,
2022).
Accordingly, we amend the Florida Probate Rules as reflected
in the appendix to this opinion. New language is underscored;
deleted language is stricken-through. The amendments shall
become effective October 1, 2026, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and LABARGA, COURIEL, GROSSHANS, FRANCIS, SASSO, and TANENBAUM, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Probate Rules
Michael A. Sneeringer, Chair, Probate Rules Committee, Bonita Springs, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
Terrence T. Dariotis of Dariotis Law, Tallahassee, Florida,
Responding with comments
APPENDIX
RULE 5.025. ADVERSARY PROCEEDINGS
(a)-(c) [No Change]
(d) Notice and Procedure in Adversary Proceedings.
(1) [No Change]
(2) After service of formal notice, the proceedings, as nearly as practicable, must be conducted similarly to suits of a civil nature, including entry of defaults. The Florida Rules of Civil Procedure govern, except for rule 1.525.
(3)-(5) [No Change]
Committee Notes
The court on its initiative or on motion of any party may order any proceeding to be adversary or nonadversary or enter any order that will avoid undue delay. The personal representative would be an interested person in all adversary proceedings. A prescribed form for the caption is provided that will facilitate the clerk’s and the court’s ability to segregate such adversary proceeding from other adversary proceedings and from the main probate file:
Court Case #
)
In Re Estate of John B. Jones )
)
Julia Jones, )
)
Petitioner, )
)
v. )
)
Harold Jones, as Personal )
Representative, et al., )
)
Respondents. )
Rule History
1975 Revision – 2024 Revision: [No Change]
2026 Revision: Grammatical amendment to subdivision (d)(2). Committee notes revised.
Statutory References
[No Change]
Rule References
[No Change]
RULE 5.122. CURATORS
(a) Petition for Appointment. The petition for appointment of a curator shallmust be verified and shallmust contain:
(1)-(7) [No Change]
The Court may appoint a curator sua sponte.
(b) Appointment. Before letters of curatorship are issued, the curator shallmust file a designation of resident agent and acceptance, and an oath, as is required for personal representatives under these rules. The court shallmust issue letters of curatorship that shall entitlestate the entitlement of the curator to possess or control all or part of the decedent’s property, which the court may enforce through contempt proceedings.
(c) Notice. Formal notice shallmust be given to the person apparently entitled to letters, if any. If it is likely that the decedent’s property will be wasted, destroyed, or removed beyond the
jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without notice.
(d) Powers. By order, the court may authorize the curator to perform any duty or function of a personal representative, including publication and service of notice to creditors, or if a will has been admitted, service of notice of administration. The order must state whether a curator is granted the authority by the court to address any demand filed under rules 5.240 and 5.241.
(e) Inventory and Accounting. The curator shallmust file an inventory within 30 days after issuance of letters of curatorship. When the personal representative is appointed, the curator shallmust account for and deliver all estate assets in the curator’s possession to the personal representative within 30 days after issuance of letters of administration.
(f) [No Change]
(g) Subject to Other Provisions. Curators shall beare subject to the provisions of these rules and other applicable law concerning personal representatives.
Committee Notes
This rule implements the procedure found in section 733.501, Florida Statutes, as amended in 1997 and 2001. The rule has been modified, in part, to reflect the addition of new rule 5.241 regarding notice to creditors. Because the fundamental concern of curatorship is protection of estate property, the procedure facilitates speed and flexibility while recognizing due process concerns. It is not intended that this rule change the effect of the statute from which it has been derived, but the rule has been reformatted to conform to the structure of these rules. Furthermore, the Committee does not intend to create a new procedure, except that subdivision (d) specifies certain acts that the court may authorize the curator to perform. This specificity of example, while not included in the statute, is not intended to limit the authorized acts to those specified in the rule. The appointment of a curator without notice is
tantamount to a temporary injunction. Thus, due process considerations suggest an expedited hearing to reconsider the appointment of a curator by any interested party who did not receive notice.
Practitioners should refer to the letters of curatorship to ensure that a curator has been granted the authority by the court to act in a specific capacity.
Rule History
1988 Revision - 2003 Revision: [No Change]
2026 Revision: Subdivision (d) amended to require that the order state whether a curator is granted the authority by the court to address any demand filed under rules 5.240 and 5.241. Committee notes revised.
Statutory References
§ 732.2211, Fla. Stat. Demands or disputes; statute of repose.
§ 733.402, Fla. Stat. Bond of fiduciary; when required; form.
§ 733.501, Fla. Stat. Curators.
Rule Reference
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.241 Notice to creditors.
RULE 5.200. PETITION FOR ADMINISTRATION
The petition for administration shallmust be verified by the petitioner and shallmust contain:
(a)-(j) [No Change]
(k) a statement that the personal representative seeking appointment is qualified to serve under the laws of Florida as a business entity under section 733.305, Florida Statutes, or, if an individual, that the person is qualified to serve under the laws of Florida, including:
(1) [No Change]
(2) whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in sections 825.101, 825.102, and 825.103, Florida Statutes;
(3)-(5) [No Change]
Committee Notes
Rule History
1977 Revision-2021 Revision: [No Change]
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