Amendments to Florida Probate Rules

October 14, 2011

Authored by: Luke Lantta

In response to several Florida statutory changes that went into effect earlier this year, the Florida Bar’s Probate Rules Committee proposed certain amendments to Probate Rules 5.025 (Adversary Proceedings) and 5.240 (Notice of Administration).  On September 28, 2011, the Florida Supreme Court adopted the Committee’s proposals. 

The Florida Probate Rules have been amended as follows:Rule 5.025(a): Specific Adversary Proceedings

Subdivision (a) of Rule 5.025 was amended to add proceedings to (1) reform a will, (2) modify a will, and (3) determine pretermitted status as “adversary proceedings” to which the Florida Rules of Civil Procedure apply.

Rule 5.025(d)(2): Notice and Procedure in Adversary Proceedings

Subdivision (d)(2) of Rule 5.025 was amended to exclude Florida Rule of Civil Procedure 1.525 (Motion for Costs and Attorney Fees) from the requirement that the Florida Rules of Civil Procedure govern adversary probate and guardianship proceedings.

Rule 5.240(b)(2): Notice of Administration

Subdivision (b)(2) of Rule 5.240 was amended to require that a notice of administration include a statement that “the fiduciary lawyer-client privilege in section 90.5021, Florida Statutes, applies with respect to the personal representative and any attorney employed by the personal representative.”