In re: Amendments to the Florida Probate Rules—2019 Regular-Cycle Report
On rehearing, the Florida Supreme Court withdrew its November 2019 opinion and substituted a revised opinion adopting regular-cycle amendments to seventeen Florida Probate Rules effective January 1, 2020. Key changes extend the rehearing deadline in rule 5.020 from 10 to 15 days, add a first-class mail method of formal notice for in rem/quasi in rem relief in rule 5.040, expand the petition-for-administration and personal representative oath disclosure requirements, and codify in rule 5.275(b) that the presumption of undue influence shifts the burden of proof under sections 90.301–90.304. The Court declined to adopt the committee's proposal to delete the service deadline for objections to a personal representative's proof of claim under rule 5.499.
Key facts
- The Florida Supreme Court adopted regular-cycle amendments to seventeen Florida Probate Rules, effective January 1, 2020, following a rehearing that resulted in withdrawal and replacement of its November 2019 opinion.
- The amendments extended the motion-for-rehearing deadline from 10 to 15 days, added first-class mail as a formal notice method for in rem/quasi in rem relief, and expanded disclosure requirements for petitions for administration and personal representative oaths.
- +2 more key facts with a free trial
Why it matters
Probate practitioners must recalendar rehearing deadlines (now 15 days) and comply with the significantly expanded disclosure requirements in petitions for administration (preference under § 733.301 and detailed… — full analysis with a trial
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
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.