Amendments to Florida Probate Rules, June 18, 2026
2026 Fla. LEXIS 962 | 2026 LX 315114 | 51 Fla. L. Weekly S 182 | 2026 WL 1753945
Effective October 1, 2026
changes are in italics
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RULE 5.025. ADVERSARY PROCEEDINGS
(a)-(c) [No Change]
(d) Notice and Procedure in Adversary Proceedings.
(1)
[EDITOR’S NOTE: TEXT IN ITALICS IS UNDERLINED IN THE SOURCE.]
(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 rule 1.525.
(3)-(5) [No Change]
RULE 5.122. CURATORS
(a) Petition for Appointment. The petition for appointment of a curator shallmust be verified and shallmust contain:
(1)-(7) [No Change]
The Court may appoint a curator sua sponte.
(b) Appointment. Before letters of curatorship are issued, the curator shallmust file a designation of resident agent and acceptance, and an oath, as is required for personal representatives under these rules. The court shallmust issue letters of curatorship that shall entitlestate the entitlement of the curator to possess or control all or part of the decedent’s property, which the court may enforce through contempt proceedings.
(c) Notice. Formal notice shallmust be given to the person apparently entitled to letters, if any. If it is likely that the decedent’s property will be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without notice.
(d) Powers. By order, the court may authorize the curator to perform any duty or function of a personal representative, including publication and service of notice to creditors, or if a will has been admitted, service of notice of administration. The order must state whether a curator is granted the authority by the court to address any demand filed under rules 5.240 and 5.241.
(e) Inventory and Accounting. The curator shallmust file an inventory within 30 days after issuance of letters of curatorship. When the personal representative is appointed, the curator shallmust account for and deliver all estate assets in the curator’s possession to the personal representative within 30 days after issuance of letters of administration.
(f) [No Change]
(g) Subject to Other Provisions. Curators shall beare subject to the provisions of these rules and other applicable law concerning personal representatives.
RULE 5.200. PETITION FOR ADMINISTRATION
The petition for administration shallmust be verified by the petitioner and shallmust contain:
(a)-(j) [No Change]
(k) a statement that the personal representative seeking appointment is qualified to serve under the laws of Florida as a business entity under section 733.305, Florida Statutes, or, if an individual, that the person is qualified to serve under the laws of Florida, including:
(1) [No Change]
(2) whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in sections 825.101, 825.102, and 825.103, Florida Statutes;
(3)-(5) [No Change]
RULE 5.320 OATH OF PERSONAL REPRESENTATIVE
Before the granting of letters of administration, the prospective personal representative must file an oath to faithfully administer the estate of the decedent.
(a) [No Change]
(b) Oath of Personal Representative; Individual. For an individual, the oath must also contain a statement that the personal representative has reviewed the statutes relating to the requirements for appointment as personal representative, that the personal representative is qualified to serve, and that the personal representative has a continuing duty to file and serve a notice on the occurrence of an event that would disqualify the personal representative. If the petition is verified by the prospective personal representative individually, the oath may be incorporated in the petition or in the designation of resident agent. The oath for an individual must substantially comply with the following form:
[CAPTION]
OATH OF PERSONAL REPRESENTATIVE
STATE OF
COUNTY OF
I, , (affiant), state under oath that:
1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of , deceased. I have reviewed the statutes and understand the qualifications. Under penalties of perjury, I certify that the following statements are true:
a. I am 18 years of age or older.
b. I have never been convicted of a felony.
c. I have never been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in sections 825.101, 825.102, and 825.103, Florida Statutes.
d. I am mentally and physically able to perform the duties of personal representative.
e. I am a resident of the State of Florida, or, if I am not a resident of the State of Florida, I am:
a legally adopted child or adoptive parent of the decedent;
related by lineal consanguinity to the decedent; a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or
the spouse of a person otherwise qualified under 1 of the provisions above.
2. I will faithfully administer the estate of the decedent according to law.
3. My place of residence is , and my post office address is .
4. I will promptly file and serve a notice on all interested persons at any time I know that I would not be qualified for appointment and will include the reason I would not then be qualified and the date on which the disqualifying event occurred.
5. I will file and serve a notice within 20 days on all interested persons, in the event there is a change in my residence address, street address, or mailing address.
Affiant
Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization, this day of , 20 , by (name of person making statement).
Signature of Notary
Public—State of Florida
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
Personally Known or Produced Identification
RULE 5.470. ANCILLARY ADMINISTRATION
(a) Petition. The contents of the petition for ancillary letters shallmust be as provided in rule 5.200. The petition shallmust be verified and shallmust include:
(1) for a testate estate, an authenticated copy of so much of the domiciliary proceedings as will show the will, petition for probateadministration order admitting the will to probate, and authority of the personal representative to act;
(2)-(3) [No Change]
(b) Notice. Before ancillary letters shallwill be issued to any person, formal notice shallmust be given to:
(1)-(2) [No Change]
(c) Probate of Will. On filing the authenticated copy of a will, the court shallmust determine whether the will complies with Florida law to entitle it to probate. If it does comply, the court shallmust admit the will to probate.