In Re: Amendments to Florida Probate Rules 5.025 and 5.080
CourtSupreme Court of Florida
Date FiledOctober 8, 2026
DocketSC2026-0014
StatusPublished
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Full Opinion
Supreme Court of Florida
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No. SC2026-0014
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IN RE: AMENDMENTS TO FLORIDA PROBATE RULES 5.025
AND 5.080.
October 8, 2026
PER CURIAM.
The Florida Bar’s Probate Rules Committee filed a report
proposing amendments to Florida Probate Rules 5.025 (Adversary
Proceedings) and 5.080 (Discovery and Subpoena). 1 The Committee
and the Court separately published the proposed amendments for
comment. No comments were received in response to either
publication.
The Court, having considered the Committee’s report, adopts
the amendments to rules 5.025 and 5.080 as proposed by the
Committee. Both rules are amended to clarify that probate and
guardianship proceedings are exempt from the initial discovery
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
disclosure requirements in Florida Rule of Civil Procedure 1.280(a)
(Initial Discovery Disclosure).
Accordingly, the Florida Probate Rules are amended as set
forth in the appendix to this opinion. New language is indicated by
underscoring; deletions are indicated by struck-through type. The
amendments become effective on January 1, 2027, at 12:01 a.m.
It is so ordered.
COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS,
BARRIOS, 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
J. Allison Archbold, Co-Chair, Probate Rules Committee, Sarasota,
Florida, Marve Ann M. Alaimo, Co-Chair, Probate Rules Committee,
Naples, Florida, Michael A. Sneeringer, Past 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
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APPENDIX
RULE 5.025. ADVERSARY PROCEEDINGS
(a) – (c) [No Change]
(d) Notice and Procedure in Adversary Proceedings.
(1) [No Change]
(2) After service of formal notice, the proceedings, as
nearly as practicable, must be conducted similarly to suits of a civil
nature, including entry of defaults. The Florida Rules of Civil
Procedure govern, except for rules 1.280(a)(1), (a)(3), and (a)(4), and
1.525.
(3) – (5) [No Change]
Committee Notes
[No Change]
Rule History
1975 - 2024 Revision [No Change]
2026 Revision: Subdivision (d)(2) amended to make it clear
that the initial disclosure requirement in Florida Rule of Civil
Procedure 1.280 is not applicable in probate and guardianship
proceedings. Grammatical amendment to subdivision (d)(2).
Committee notes revised.
Statutory References
[No Change]
Rule References
[No Change]
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RULE 5.080. DISCOVERY AND SUBPOENA
(a) Adoption of Civil Rules. The following Florida Rules of
Civil Procedure shall apply in all probate and guardianship
proceedings:
(1) Rule 1.280, general provisions governing discovery,
except for initial discovery disclosure requirements under
1.280(a)(1), (a)(3), and (a)(4).
(2) – (3) [No Change]
(4) Rule 1.310, depositions upon oral examination.
(5) – (7) [No Change]
(8) Rule 1.350, production of documents and things
and entry upon land for inspection and other purposes.
(9) – (14) [No Change]
(b) – (c) [No Change]
Committee Notes
Subdivision (b) is not intended to result in the assessment of
costs, including attorney’s’ fees, in every instance in which
discovery is sought. Subdivision (c) is not intended to overrule the
holdings in In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA
1976), and In re Estate of Posner, 492 So. 2d 1093 (Fla. 3d DCA
1986).
Rule History
1975 - 2016 Revision [No Change]
2026 Revision: Subdivision (d)(2) amended to make it clear
that the initial disclosure requirement in Florida Rule of Civil
Procedure 1.280 is not applicable in probate and guardianship
proceedings. Committee notes revised.
Statutory References
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[No Change]
Rule References
[No Change]
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