Blog

The Florida Probate Rules Amendment

In 50 Florida Weekly 33, Florida Supreme Court, February 27, 2025, IN RE: AMENDMENTS TO FLORIDA PROBATE RULES, the probate rules were amended. It came before the Court for consideration regarding proposed amendments to Florida Probate Rules 5.240 (Notice of Administration), 5.421 (Notice to Creditors), and 5.550 (Petition to Determine Incapacity). 

Florida Rule 5.240 Notice of Administration (7) that a personal representative or curator has no duty to discover whether any property held at the time of decedent’s death by the decedent or decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in section 742.216-732.228, Florida Statutes, applies, or may apply unless a written demand is made by the surviving spouse or a beneficiary as specified under section 732.221, Florida Statute. The rule now says that the written demand must be filed with the clerk. 

Florida Rule 5.241 NOTICE TO CREDITORS

(2) The notice must state that the personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Uniform Disposition of Community Property Rights at Death Act as described in section 732.216-732.228, Florida Statute applies, or may apply, unless a written demand is made by a creditor as specified under section 722.2211, Florida Statutes. They now say that the written demand must be filed with the clerk. 

Florida Rule 5.550 Petition to Determine Incapacity (8) whether there are possible alternatives to guardianship known to the petitioner, including but not limited to, trust agreements, powers of attorney, designation of health care surrogates, and other advance directives, removes the supportive decision-making agreement.

(9) whether the alleged incapacitated person uses assistance to exercise the person’s rights, including, but not limited to, supported decision making REMOVING AGREEMENTS and if so, why the assistance is appropriate or insufficient to allow the person to independently exercise the person’s rights. 

If you have more questions regarding a Probate Administration matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney-client privilege.