Florida Probate Rules
Do you want to administer the Florida State as a personal representative?
Florida probate rule 5.200 tells you exactly what you need to write in your “petition for administration.”
Involved in probate litigation? Florida probate rule 5.275 tells you about the burden of proof in will contests.
Wondering where the estate assets are?
Florida probate rule 5.340 deals with an estate inventory, while Florida probate rule 5.341 tells you about your rights to information about the estate and its administration.
Wondering what was in the safe deposit box? See Florida probate rules 5.342 and 5.3425.
The Florida probate rules are an important part of Florida law for wills, estates, and guardianships. There are approximately 108 Florida probate rules in total.
The Florida probate rules work hand-in-hand with the Florida statutes about wills, probate and guardianship— what is referred to as the Florida probate code.
The Florida probate rules tell us how Florida probate proceedings, including guardianships, shall be conducted. While there are some rules which you may find silly or boring, such as those that tell us how to provide service of court filed documents, all are vital and important.
These probate rules tell us how we will conduct discovery in will contests and challenges to a Florida will, how estates will be administered, and how guardianships for minors and incapacitated adults will be conducted.
The probate rules give great authority to probate court judges to appoint a personal representative of an estate or, when needed, an estate curator or an administrator ad litem, or guardian ad litem.
But the Florida probate rules are not only about estates and the Florida estate probate process. Guardianships for Florida citizens who are adults in our incapacitated are common— even when a Florida citizen has a revocable trust or a power of attorney.
Guardianship disputes— sometimes referred to as contested guardianships— can result when family members or others vie to control a loved one’s “person” and their property.
If you think someone is unable to care for their personal needs, or their business affairs, you can file a petition for appointment of Guardian. Read Florida probate rule 5.560.
This is usually done in conjunction with a petition to determine incapacity under Florida probate rule 5.550. Has a loved one been suffering from progressive dementia or is now unable to care for some, or all, of his or her needs and business affairs?
Do you want to be Guardian? Check out the application in the oath which you would be required to take at Florida probate rule 5.590 and 5.600.
Is a loved one unprotected and 10 immediate harm come to that loved one if a court doesn’t intervene right away? Consider an emergency temporary guardian under Florida probate rule 5.648.
Do you trust the Guardian? Learn all about the information, disclosures and reports which the Guardian is required to file with the guardianship court. See Florida probate rules 5.690-5.710.
Is a guardianship even needed if the Florida citizen had a revocable trust, power of attorney, living will, or healthcare documents? See if there is an alternative to a guardianship. See Florida Probate Rule 5.685.