In re: Amendments to the Florida Probate Rules—2020 Fast-Track Report
On the Probate Rules Committee's fast-track report, the Florida Supreme Court adopted amendments to the Florida Probate Rules to implement 2020 legislation. The amendments add new rule 5.425 (disposition without administration of intestate personal property in small estates under section 735.304), add a waiver-of-trust-contest disclosure to the notice of administration under rule 5.240(b)(6), add guardianship petition and hearing procedures under rule 5.630, expand alternatives-to-guardianship pleading requirements in rules 5.550, 5.555, and 5.560, and renumber rule 5.850 as rule 5.900.
Key facts
- The Florida Supreme Court adopted amendments to the Florida Probate Rules implementing 2020 legislation through the Probate Rules Committee's fast-track report.
- The amendments created new procedural rules for small estate intestate distributions by affidavit, added trust-contest waiver disclosures to notices of administration, established guardianship petition and hearing procedures including 72-hour preliminary hearing requirements, expanded alternatives-to-guardianship pleading requirements, and renumbered existing rules.
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Why it matters
Probate and guardianship practitioners must immediately conform forms and pleadings: notices of administration now require a trust-contest waiver warning, guardianship petitions require an explanation of why less… — full analysis with a trial
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