In Re: Amendments to Florida Probate Rules

Supreme Court of Florida ____________ No. SC2025-1478 ____________ IN RE: AMENDMENTS TO FLORIDA PROBATE RULES. June 25, 2026 PER CURIAM. The Florida Bar’s Probate Rules Committee proposes amending Florida Probate Rules 5.030 (Attorneys), 5.040 (Notice), 5.041 (Service of Pleadings and Documents), 5.043 (Deposit of Wills and Codicils), 5.060 (Request for Notices and Copies of Pleadings), 5.120 (Administrator Ad Litem and Guardian Ad Litem), 5.340 (Inventory), 5.342 (Inventory of Safe-Deposit Box), 5.350 (Continuance of Unincorporated Business or Venture), 5.355 (Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Estate Employees), 5.360 (Elective Share), 5.370 (Sales of Real Property Where No Power Conferred), 5.380 (Compulsory Payment of Devises or Distributive Interests), 5.385 (Determination of Beneficiaries and Shares), 5.386 (Escheat), 5.400 (Distribution and Discharge), 5.401 (Objections to Petition for Discharge or Final Accounting), 5.402 (Notice of Lien on Protected Homestead), 5.403 (Proceedings to Determine Amount of Lien on Protected Homestead), 5.405 (Proceedings to Determine Protected Homestead Status of Real Property), 5.406 (Proceedings to Determine Exempt Property), 5.407 (Proceedings to Determine Family Allowance), 5.430 (Resignation of Personal Representative), 5.440 (Proceedings for Removal of Personal Representative), 5.460 (Subsequent Administration), 5.475 (Ancillary Administration, Short Form), 5.490 (Form and Manner of Presenting Claim), 5.496 (Form and Manner of Objecting to Claim), 5.498 (Personal Representative’s Proof of Claim), 5.499 (Form and Manner of Objecting to Personal Representative’s Proof of Claim), 5.510 (Establishment and Probate of Lost or Destroyed Will), 5.530 (Summary Administration), 5.620 (Inventory), 5.631 (Petition for Approval by Professional Guardian for Order Not to Resuscitate or to Withhold Life-Prolonging Procedures), 5.650 (Resignation or Disqualification of Guardian; Appointment of Successor), 5.660 (Proceedings for Removal of Guardian), 5.670 (Termination of Guardianship on Change of Domicile of Resident Ward), 5.680 -2- (Termination of Guardianship), 5.690 (Initial Guardianship Report), and 5.695 (Annual Guardianship Report). 1 The Committee and the Court published the proposal for comment and no comments were received. Throughout the listed probate rules, rule references to Rules of General Practice and Judicial Administration 2.516 and 2.525 are amended to reflect the recently adopted changes to the titles of these two rules. See In re Amends. to Fla. Rules of Gen. Prac. & Jud. Admin., 416 So. 3d 242 (Fla. 2025). The references to rule 2.516 are amended to reflect the new title of “Service” where formerly it was “Service of Pleadings and Documents.” Id. Similarly, the references to rule 2.525 are amended to reflect the new title of “Filing” from “Electronic Filing.” Grammatical changes are made throughout in compliance with the Guidelines. See In re Guidelines for Rules Submissions, Fla. Admin. Order No. AOSC22-78 (Fla. Oct. 24, 2022). Additionally, references to Florida Rule of General Practice and Judicial Administration 2.420 are amended to add “and protection of” to reflect the correct title of that rule. See In re 1. We have jurisdiction. Art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b). -3- Amends. to Fla. Rule of Jud. Admin. 2.420, 153 So. 3d 896, 899 (Fla. 2014). Accordingly, we amend the Florida Probate Rules as reflected in the appendix to this opinion. New language is underscored; deleted language is stricken through. The amendments shall become effective on October 1, 2026, at 12:01 a.m. It is so ordered. MUÑIZ, C.J., and LABARGA, COURIEL, GROSSHANS, FRANCIS, SASSO, and TANENBAUM, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. Original Proceeding – Florida Probate Rules Michael A. Sneeringer, Chair, Probate Rules Committee, Bonita Springs, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner -4-  APPENDIX RULE 5.030. ATTORNEYS (a) Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole interested person, shallmust be represented by an attorney admitted to practice in Florida. A guardian or personal representative who is an attorney admitted to practice in Florida may represent himself or herself as guardian or personal representative. A guardian advocate is not required to be represented by an attorney unless otherwise required by law or the court. (b) Limited Appearance Without Court Order. An attorney of record for an interested person in a proceeding governed by these rules shallmust be the attorney of record in all other proceedings in the administration of the same estate or guardianship, except service of process in an independent action on a claim, unless at the time of appearance the attorney files a notice specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears. At the conclusion of that proceeding or matter, the attorney’s role terminates upon the attorney filing notice of completion of limited appearance and serving a copythe notice on the client and other interested persons. (c) Withdrawal or Limited Appearance With Court Order. An attorney of record may withdraw or limit the attorney’s appearance with approval of the court, after filing a motion setting forth the reasons and serving a copythe motion on the client and other interested persons. Committee Notes [No Change] Rule History 1975 Revision-2012 Revision [No Change] -5-  2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and papers. Fla. Prob. R. 5.110(b), (c) Resident agent. Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. App. P. 9.440 Attorneys. RULE 5.040. NOTICE (a) Formal Notice. (1) Procedure for Formal Notice. When formal notice is given, a copy of the pleading or motion must be served on interested persons, together with a notice requiring the person served to serve written defenses on the person giving notice within 20 days after service of the notice, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service or immediately after service, and notifying the person served that failure to serve written defenses as required may result in a judgment or order for the relief demanded in the pleading or motion, without further notice. (2) – (6) [No Change] (b) – (e) [No Change] Committee Notes -6-  [No Change] Rule History 1975 Revision-2025 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.030 Attorneys. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Civ. P. 1.070 Process. Fla. R. Civ. P. Form 1.902 Summons. -7- RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS (a) Service. Unless the court orders otherwise, every petition or motion for an order determining rights of an interested person, and every other pleading or document filed in the particular proceeding which is the subject matter of such petition or motion, except applications for witness subpoenas, shallmust be served on interested persons as set forth in Florida Rule of General Practice and Judicial Administration 2.516 unless these rules, the Florida Probate Code, or the Florida Guardianship Law provides otherwise. (b) Interested Persons. No service need be made on interested persons against whom a default has been entered, or against whom the matter may otherwise proceed ex parte, unless a new or additional right or demand is asserted. For purposes of this rule an interested person shall beis deemed a party under rule 2.516. (c) Minors. If the interested person is a minor whose disabilities of nonage are not removed, and who is not represented by an attorney, then service shallmust be on the persons designated to accept service of process on a minor under chapter 48, Florida Statutes. Committee Notes [No Change] Rule History 1984 Revision-2016 Revision [No Change] 2026 Revision: Rule was divided into 3 subdivisions. Committee notes revised. Statutory References [No Change] -8-  Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.030 Attorneys. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.150(c) Order requiring accounting. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.240(a) Notice of administration. Fla. Prob. R. 5.340(d) Inventory. Fla. Prob. R. 5.550 Petition to determine incapacity. Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Civ. P. 1.080 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.043. DEPOSIT OF WILLS AND CODICILS [No Change] Committee Notes -9-  [No Change] Rule History 2012 Revision-2020 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. R. Gen. Prac. & Jud. Admin. 2.430 Retention of court records. Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic fFiling. RULE 5.060. REQUEST FOR NOTICES AND COPIES OF PLEADINGS (a) Request. Any interested person who desires notice of proceedings in the estate of a decedent or ward may file a separate written request for notice of further proceedings, designating therein suchthe interested person’s residence and post office address. When suchthe interested person’s residence or post office address changes, a new designation of suchthe change shallmust be filed in the proceedings. A person filing suchthe request, or address change, must serve a copy on the attorney for the personal representative or guardian, and include a certificate of service. (b) Notice and Copies. A party filing a request shallmust be served thereafter by the moving party with notice of further proceedings and with copies of subsequent pleadings and documents as long as the party is an interested person. Committee Notes Rule History - 10 -  1975 Revision-2013 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.340 Inventory. Fla. Prob. R. 5.341 Estate information. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM (a) Appointment. (1) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, a person with a developmental disability, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. (2) When it is necessary that the estate of a decedent or a ward be represented in any probate or guardianship proceeding and: (A) there is no personal representative of the estate or guardian of the ward, or; - 11 -  (B) the personal representative or guardian is or may be interested adversely to the estate or ward, or is enforcing the personal representative’s or guardian’s own debt or claim against the estate or ward,; or (C) the necessity arises otherwise, the court may appoint an administrator ad litem or a guardian ad litem, as the case may be, without bond or notice for that particular proceeding. At any point in a proceeding, a court may appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, a person with a developmental disability, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. (3) If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. (4) The administrator ad litem or guardian ad litem shallmust file an oath to discharge all duties faithfully and upon the filing shallmust be qualified to act. No process need be served upon the administrator ad litem or guardian ad litem, but such person shallmust appear and defend as directed by the court. (b) Petition. The petition for appointment of a guardian ad litem shallmust state to the best of petitioner’s information and belief: (1) – (5) [No Change] (c) Notice. Within 10 days after appointment, the petitioner shallmust serve conformed copies of the petition for appointment of a guardian ad litem and order to any guardian, or if there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person. (d) Report. The guardian ad litem shallmust serve conformed copies of any written report or finding of the guardian ad - 12 - litem’s investigation and answer filed in the proceedings, petition for compensation and discharge, and the notice of hearing on the petition to any guardian, or in the event that there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person. (e) Service of Petition and Order. Within 10 days after appointment, the petitioner for an administrator ad litem shallmust serve conformed copies of the petition for appointment and order to the attorney of record of each beneficiary and to each known beneficiary not represented by an attorney of record. (f) Enforcement of Judgments. When an administrator ad litem or guardian ad litem recovers any judgment or other relief, it shallmust be enforced as other judgments. Execution shall issues in favor of the administrator ad litem or guardian ad litem for the use of the estate or ward and the money collected shallmust be paid to the personal representative or guardian, or as otherwise ordered by the court. (g) [No Change] Committee Notes Rule History 1977 Revision-2020 Revision [No Change] 2026 Revision: Subdivision (a) reorganized. Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. - 13 -  Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. RULE 5.340. INVENTORY (a) – (h) [No Change] Committee Notes [No Change] Rule History 1980 Revision-2024 Revision [No Change] 2026 Revision: Committee notes revised. Constitutional Reference [No Change] Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.360 Elective share. Fla. Prob. R. 5.405 Proceedings to determine homestead status of real property. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. - 14 - RULE 5.342. INVENTORY OF SAFE-DEPOSIT BOX (a) Filing. The personal representative shallmust file an inventory of the contents of the decedent’s safe-deposit box within 10 days of the initial opening of the box by the personal representative or the personal representative’s attorney of record. The inventory shallmust include a copy of the financial institution’s entry record for the box from a date that is six6 months prior tobefore the decedent’s date of death to the date of the initial opening by the personal representative or the personal representative’s attorney of record. (b) [No Change] (c) Service. The personal representative shallmust serve a copy of the inventory on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing. Committee Notes [No Change] Rule History 2003 Revision-2012 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.340 Inventory. - 15 -  Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.350. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE (a) Separate Accounts and Reports. In the conduct of an unincorporated business or venture, the personal representative shallmust keep separate, full, and accurate accounts of all receipts and expenditures and make reports as the court may require. (b) Petition. If the personal representative determines it to be in the best interest of the estate to continue an unincorporated business or venture beyond the time authorized by statute or will, the personal representative shallmust file a verified petition which shallmust include: (1) – (6) [No Change] (c) Order. If the continuation is authorized, the order shallmust state: (1) – (3) [No Change] (d) Petition by Interested Person. Any interested person, at any time, may petition the court for an order regarding the operation of, accounting for, or termination of an unincorporated business or venture, and the court shallmust enter an order thereon the petition. Committee Notes Rule History 1975 Revision-2012 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] - 16 -  Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.330 Execution by personal representative. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES After notice to all interested persons and upon petition of an interested person bearing all or a part of the impact of the payment of compensation to the personal representative or any person employed by the personal representative, the propriety of the employment and the reasonableness of the compensation or payment may be reviewed by the court. (a) Review. The court may review the propriety of the employment and the reasonableness of the compensation paid to the personal representative or any person employed by the personal representative. A petition seeking review must be filed with the court and served on all interested persons. (b) Petition. The petition shallmust state the grounds on which it is based. The burden of proving the propriety of the employment and the reasonableness of the compensation shall be uponis on the personal representative and the person employed by the personal representative. Any person who is determined to have received excessive compensation from an estate may be ordered to make appropriate refunds. Committee Notes - 17 -  [No Change] Rule History 1988 Revision-2012 Revision [No Change] 2026 Revision: Rule divided into subdivisions and reorganized. Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.360. ELECTIVE SHARE (a) Election. An election to take the elective share may be filed by the surviving spouse, or on behalf of the surviving spouse by an agent or guardian of the property of the surviving spouse. (1) Election by Surviving Spouse. An electing surviving spouse must file the election within the time required by law and promptly serve a copy of the election on the personal representative in the manner provided for service of formal notice. (2) Election by Agent or Guardian of the Property of Surviving Spouse. (A) [No Change] (B) Notice of Petition. UpoOn receipt of the petition, the personal representative must promptly serve a copy of the petition by formal notice on all interested persons. - 18 -  (C) [No Change] (D) Filing the Election. UpoOn entry of an order authorizing the filing of an election, the agent or guardian of the property must file the election within the later of the time provided by law or 30 days from service of the order and promptly serve a copy of the election on the personal representative in the manner provided for service of formal notice. (b) Procedure for Election. (1) – (2) [No Change] (3) Service of Notice. UpoOn receipt of an election the personal representative must serve a notice of election within 20 days following service of the election, together with a copy of the election, on all interested persons in the manner provided for service of formal notice. The notice of election must indicate the names and addresses of the attorneys for the surviving spouse and the personal representative and must state that: (A) – (C) [No Change] (4) Objection to Election. Within 20 days after service of the notice of election, an interested person may serve an objection to the election which must state with particularity the grounds on which the objection is based. The objecting party must serve copies of the objection on the surviving spouse and the personal representative. If an objection is served, the personal representative must promptly serve a copy of the objection on all other interested persons who have not previously been served with a copy of the objection. (c) [No Change] (d) Procedure to Determine Amount of Elective Share and Contribution. (1) – (3) [No Change] - 19 -  (4) Objection to Amount of Elective Share. Within 20 days after service of the petition to determine the amount of the elective share, an interested person may serve an objection to the amount of or distribution of assets to satisfy the elective share. The objection must state with particularity the grounds on which the objection is based. The objecting party must serve copies of the objection on the surviving spouse and the personal representative. If an objection is served, the personal representative must promptly serve a copy of the objection on all interested persons who have not previously been served. (5) – (6) [No Change] (e) [No Change] Committee Notes The extensive rewrite of this rule in 2001 is intended to conform it with and provide procedures to accommodate amendments to Florida’s elective share statutes. Sections 732.201 et seq., Florida Statutes. Proceedings to determine entitlement to elective share are not specific adversary proceedings under rule 5.025(a), but may be declared adversary at the option of the party. Proceedings to determine the amount of elective share and contribution are specific adversary proceedings under rule 5.025(a). Requirements for service are intended to be consistent with the requirements for formal notice. Rule 5.040. Service of process may be required to obtain personal jurisdiction over direct recipients who are not otherwise interested persons and who have not voluntarily submitted themselves to the jurisdiction of the court. Rule 5.040(a)(3)(C); chapter 48, Florida Statutes, Process and Service of Process; chapter 49, Florida Statutes, Constructive Service of Process. An inventory of the elective estate should be afforded the same confidentiality as other estate inventories. Section 733.604(1) and (2), Florida Statutes. In fulfilling his or hera personal representative’s obligations under this rule, a personal representative is not required to make impractical or extended searches for property entering into the elective estate and the identities of direct recipients. Preexisting rights to dower and - 20 - curtesy formerly addressed in subdivision (e) of this rule are now governed by new rule 5.365. Counsel’s attention is directed to Florida Ethics Opinion 76- 16, dated April 4, 1977, for guidance regarding the duties of an attorney with respect to spousal rights. Rule History 1984 Revision-2019 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.340 Inventory. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. App. P. 9.020(h) Definitions. RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER CONFERRED (a) Petition. When authorization or confirmation of the sale of real property is required, the personal representative shallmust file a verified petition setting forth the reasons for the sale, a description of the real property sold or proposed to be sold, and the price and terms of the sale. - 21 -  (b) Order. If the sale is authorized or confirmed, the order shallmust describe the real property. An order authorizing a sale may provide for the public or private sale of the real property described therein the order, in parcels or as a whole. An order authorizing a private sale shallmust specify the price and terms of the sale. An order authorizing a public sale shallmust specify the type of notice of sale to be given by the personal representative. Committee Notes [No Change] Rule History 1984 Revision-2012 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.180 Waiver and consent. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.380. COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS (a) [No Change] - 22 -  (b) Order. If the court finds that the property will not be required for the purposes set forth in subdivision (a), it may enter an order describing the property to be surrendered or delivered and compelling the personal representative, prior tobefore the final settlement of the personal representative’s accounts, to do one1 or more of the following: (1) Ppay all or any part of a devise in money.; (2) Ddeliver specific personal property within the personal representative’s custody and control.; (3) Ppay all or any part of a distributive interest in the personal estate of a decedent.; or (4) Ssurrender real property. (c) [No Change] Committee Notes Rule History 1984 Revision-2012 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. - 23 - RULE 5.385. DETERMINATION OF BENEFICIARIES AND SHARES (a) [No Change] (b) Petition. The petition shallmust include: (1) – (4) [No Change] (c) Order. After formal notice and hearing, the court shallmust enter an order determining the beneficiaries or the shares and amounts they are entitled to receive, or both. Committee Notes [No Change] Rule History 1988 Revision-2014 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.120 Administrator ad litem and guardian ad litem. Fla. Prob. R. 5.205(a)(5) Filing evidence of death. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. - 24 -  Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information. RULE 5.386. ESCHEAT (a) Escheat Proceeding. If it appears to the personal representative that an estate may escheat or there is doubt about the existence of any person entitled to the estate, the personal representative shallmust institute a proceeding to determine beneficiaries within 1 year after letters have been issued to the personal representative, and notice shallmust be served on the Department of Legal Affairs. If the personal representative fails to institute the proceeding within the time fixed, it may be instituted by the Department of Legal Affairs. (b) Court’s Report. On or before January 15 of each year, each court shallmust furnish to the Department of Legal Affairs a list of all estates being administered in which no person appears to be entitled to the property and the personal representative has not instituted a proceeding for the determination of beneficiaries. (c) Administration. Except as herein provided in this rule, escheated estates shall beare administered as other estates. Committee Notes [No Change] Rule History 1988 Revision-2012 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References - 25 -  Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.385 Determination of beneficiaries and shares. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.400. DISTRIBUTION AND DISCHARGE (a) Petition for Discharge; Final Accounting. A personal representative who has completed administration except for distribution shallmust file a final accounting and a petition for discharge including a plan of distribution. (b) Contents. The petition for discharge shallmust contain a statement: (1) – (4) [No Change] (5) showing a plan of distribution which shallmust include: (A) – (D) [No Change] (6) that any objections to the accounting, the compensation paid or proposed to be paid, or the proposed distribution of assets must be filed within 30 days from the date of service of the last of the petition for discharge or final accounting; and also that within 90 days after filing of the objection, a notice of hearing thereon the objection must be served or the objection is abandoned; and - 26 -  (7) that objections, if any, shallmust be in writing and shallmust state with particularity the item or items to which the objection is directed and the grounds on which the objection is based. (c) Closing Estate; Extension. The final accounting and petition for discharge shallmust be filed and served on interested persons within 12 months after issuance of letters for an estate not filing a federal estate tax return, otherwise within 12 months from the date the return is due, unless the time is extended by the court for cause shown after notice to interested persons. The petition to extend time shallmust state the status of the estate and the reason for the extension. (d) Distribution. The personal representative shallmust promptly distribute the estate property in accordance with the plan of distribution, unless objections are filed as provided in these rules. (e) Discharge. On receipt of evidence that the estate has been fully administered and properly distributed, the court shallmust enter an order discharging the personal representative and releasing the surety on any bond. Committee Notes [No Change] Rule History 1980 Revision-2013 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. - 27 -  Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. Prob. R. 5.401 Objections to petition for discharge or final accounting. Fla. R. Gen. Prac. & Jud. Admin. 2.250(a)(1)(D) Time standards for trial and appellate courts and reporting requirements. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.401. OBJECTIONS TO PETITION FOR DISCHARGE OR FINAL ACCOUNTING (a) – (b) [No Change] (c) Service. Copies of tThe objections shallmust be served by the objector on the personal representative and interested persons not later than 30 days after the last date on which the petition for discharge or final accounting was served on the objector. (d) Hearing on Objections. Any interested person may set a hearing on the objections. Notice of the hearing shallmust be given to all interested persons. If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections shall beare deemed abandoned and the personal representative may make distribution as set forth in the plan of distribution. - 28 -  (e) Order on Objections. The court shallmust sustain or overrule any objections to the petition for discharge and final accounting and shall determine a plan of distribution. (f) Discharge. On receipt of evidence that the estate has been distributed according to the plan determined by the court and the claims of creditors have been paid or otherwise disposed of, the court shallmust enter an order discharging the personal representative and releasing the surety on any bond. Committee Notes Rule History 1984 Revision-2012 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.400 Distribution and discharge. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. - 29 - RULE 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD (a) Filing. If the personal representative has recorded a notice of lien on protected homestead, the personal representative shallmust file a copy of the recorded notice in the probate proceeding. (b) Contents. The notice of lien shallmust contain: (1) – (4) [No Change] (c) Service. A copy of tThe recorded notice of lien shallmust be served on interested persons in the manner provided for service of formal notice. Committee Notes Rule History 2005 Revision-2012 Revision [No Change] 2026 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.403 Proceedings to determine amount of lien on protected homestead. Fla. Prob. R. 5.404 Notice of taking possession of protected homestead.