In Re: Amendments to Florida Probate Rules – 2024 Legislation

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.

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