← Case library
FL Supreme CourtFebruary 27, 2025Affirmed

In Re: Amendments to Florida Probate Rules – 2024 Legislation

Case No. SC2024-1057

The Florida Supreme Court adopted further amendments to Probate Rules 5.240 and 5.241 to clarify that a surviving spouse's, beneficiary's, or creditor's written demand triggering a personal representative's or curator's duty to investigate community property under the Florida Uniform Disposition of Community Property Rights at Death Act must be filed with the clerk — resolving ambiguity created by the Court's own September 2024 opinion that used the word "made" rather than "filed." The Court also corrected Rule 5.550 by removing "supported decisionmaking agreements" from the list of recognized alternatives to guardianship, as such agreements are legally incapable of serving in that role. Probate and estate-planning practitioners should update intake checklists and demand-letter practice to reflect the clerk-filing requirement, and guardianship petitioners must omit supported decisionmaking agreements when listing guardianship alternatives.

Key facts

  • The Florida Bar's Probate Rules Committee proposed rule amendments in response to chapters 2024-238 and 2024-242, Laws of Florida, which addressed community property rights at death and guardianship petition requirements.
  • On September 5, 2024, the Court adopted the Committee's proposed amendments but substituted the word 'made' for 'filed' in Rules 5.240 and 5.241, tracking statutory language in § 732.2211 — a choice that later generated practitioner confusion about whether clerk-filing was required.
  • +2 more key facts with a free trial

Holdings

  • Fla. Prob. R. 5.240(b)(7) and 5.241(b)(2) — written demands under § 732.2211, Fla. Stat. must be filed with the clerk
  • +3 more holdings with a free trial
Best value · free

Read the full opinion, holdings & search — free for 30 days

The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.

  • Search every tracked Florida decision in seconds
  • Save, tag & file the cases that matter into your own library
  • Read the full plain-English analysis and holdings
Start my free 30-day trial → No credit card required
👀 Take a quick tour of the site → 60 seconds · click a real case · no login

Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.

Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.