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FL Supreme CourtMarch 20, 2025Affirmed

In Re: Amendments to Florida Probate Rules

Case No. SC2024-0773

The Florida Supreme Court adopted three targeted amendments to the Florida Probate Rules, effective July 1, 2025, as proposed by the Florida Bar's Probate Rules Committee without public opposition. The most significant change requires formal notice in probate proceedings to be served electronically on attorneys who have appeared for interested persons, conforming to Rule 2.516 and modernizing probate service practice. The other two amendments correct a long-standing misalignment between Rule 5.499(e) and the 2001 statutory deadline for serving claim objections, and fix a technical reference in the annual guardianship plan form regarding the physician examination window.

Key facts

  • The Florida Bar's Probate Rules Committee filed a report proposing amendments to Rules 5.040, 5.499, and 5.904 as part of its regular rules-review function.
  • The proposed amendments were published for comment in The Florida Bar News; no comments were received from any member of the Bar or the public.
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Holdings

  • Fla. Prob. R. 5.040(a)(3) — formal notice must be served on represented interested persons by electronic delivery to their attorney per Fla. R. Gen. Prac. & Jud. Admin. 2.516…
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