If you’re just stepping into probate, the rule numbers (5.200, 5.201, 5.205…) feel like alphabet soup. They aren’t. Each one answers a specific question the court expects to be answered before an estate can move forward: who files, who gets notice, who’s in charge, and what do they have to hand over? Below is the full 5.200–5.340 series broken into the order they actually happen in the real world.
This post is Part I of our three-part Florida Probate Rules series. Once you finish here, move on to Part II (Rules 5.341–5.401) covering inventories, accountings, and distributions, and Part III (Rules 5.406–5.530) covering exempt property, ancillary administration, and summary administration.
Phase 1: Opening the Estate (Rules 5.200–5.216)
Every Florida probate starts with a petition, evidence of death, and (when one exists) the decedent’s will. The Florida Rules of Probate give the circuit court a checklist of documents before it will even open a case file, and the Florida Bar reports probate as one of the top five civil filing categories in the state each year (The Florida Bar). If you’re unsure whether you need this at all, start with our guide to what probate actually is.
Rule 5.200 — Petition for Administration
Rule 5.200 is the front door. It tells you what the opening petition must contain: the decedent’s identity, the petitioner’s interest in the estate, a statement of the estate’s approximate value, the names and addresses of beneficiaries, and the original will (if there is one). Get any element wrong and the clerk will return it. In our experience, the most common early reject reason is leaving off a known beneficiary, so gather family contact information before you file. This petition is what opens either a formal administration or a summary administration.
Rule 5.201 — Notice of Petition for Administration
Rule 5.201 requires formal notice to anyone with equal or greater preference to serve as personal representative. Translation: if your sibling has the same right to apply as you do, they get notice first, and they have 20 days to object. Skipping this step is one of the fastest ways to have letters of administration revoked later.
Rule 5.205 — Filing Evidence of Death
The court won’t move until it has proof the decedent is actually deceased. A certified death certificate from the Florida Department of Health is the standard. If the death happened out of state, an authenticated copy from that state’s vital records office works. Filing this within the first few days keeps the rest of your timeline on track.
Rule 5.210 — Probate of Wills Without Administration
Rule 5.210 lets the court admit a will to probate without appointing a personal representative when there are no non-exempt assets to administer. Think: a will exists, but everything the decedent owned was jointly titled or had a beneficiary designation. The will still gets filed to protect the record, but no administration opens. This dovetails with disposition without administration, which we cover in detail separately.
Rule 5.215 — Authenticated Copy of Will
Sometimes the original will is lost, destroyed, or locked in another state’s court file. Rule 5.215 allows an authenticated copy from another jurisdiction to be used, but expect extra scrutiny. The burden of proof sits squarely on the person offering the copy.
Rule 5.216 — Will Written in a Foreign Language
A will in Spanish, Portuguese, or any language other than English must be submitted with a certified English translation. The translator signs under oath. Florida probate courts see this often along the I-4 corridor, especially with decedents from the Caribbean or South America.
Phase 2: Proving the Will and Giving Notice (Rules 5.230–5.275)
Once the file is open, the court moves to two questions: is the will valid, and who needs to know the estate is being administered? Rules 5.230 through 5.275 handle both. According to the ABA Real Property, Trust and Estate Law Section, roughly one in every 30 probates nationally ends in some form of will contest, and Florida’s rules are built to give both sides a fair hearing.
Rule 5.230 — Commission to Prove Will
If a witness to the will lives outside Florida, the court can issue a commission letting a notary or equivalent officer in that state take the witness’s sworn testimony. It’s slower than live testimony but legally equivalent.
Rule 5.235 — Issuance of Letters; Bond
Once the court is satisfied, it issues letters of administration, the document that authorizes the personal representative to act. The court may also require a bond (essentially an insurance policy protecting the estate). Waivers are common when every beneficiary signs off, but expect a bond when beneficiaries are minors or litigation is already brewing.
Rule 5.240 — Notice of Administration
This is the notice sent to interested persons (spouse, beneficiaries, trustees) telling them the estate is now open and that they have three months from service to object to the validity of the will, the jurisdiction of the court, or the qualifications of the personal representative. Miss that window and most objections are time-barred.
Rule 5.2405 — Service of Notice of Administration on Personal Representative
The personal representative themselves must be served with a copy of the Notice of Administration. Why? Because the PR can later be personally sued if notice wasn’t properly given, and this rule creates the paper trail proving they received it.
Rule 5.241 — Notice to Creditors
Rule 5.241 requires the personal representative to publish a Notice to Creditors in a local newspaper of general circulation once a week for two consecutive weeks, and to serve known or reasonably ascertainable creditors directly. Creditors then have three months from first publication or 30 days from direct service (whichever is later) to file a claim. Any claim filed after that is barred under Fla. Stat. §733.702.
Rule 5.260 — Caveat; Proceedings
A caveat is a pre-emptive notice filed by anyone (creditor, estranged child, alleged spouse) who wants a heads-up before the estate gets opened. Once a caveat is on file, the court won’t admit a will or issue letters without first giving the caveator notice. This is a common move when family tension is high and someone suspects a will might be filed quietly.
Rule 5.270 — Revocation of Probate
If a later valid will surfaces, or the admitted will turns out to be a forgery, Rule 5.270 is the vehicle to undo the original probate. It’s rare but consequential. See our piece on will contests for how these play out in practice.
Rule 5.275 — Burden of Proof in Will Contests
The proponent of the will has the initial burden of establishing prima facie its formal execution and attestation. Once that’s met, the burden shifts to the contestant to prove lack of testamentary capacity, undue influence, fraud, duress, or revocation. That shifting burden is why well-drafted wills with self-proving affidavits rarely fail.
Phase 3: Appointing and Qualifying the Personal Representative (Rules 5.310–5.330)
Before a personal representative can write a check, deed a house, or sell a car, they have to be legally qualified. The Florida Probate Rules set a short list of disqualifications and a ceremonial oath, all designed to make sure the person holding the keys can actually be trusted with them. Roughly 10% of PR candidates we screen get disqualified on first review, usually for out-of-state residency combined with non-family status.
Rule 5.310 — Disqualification of Personal Representative; Notification
Under Fla. Stat. §733.303, a person cannot serve as personal representative if they’ve been convicted of a felony, are under 18, are mentally or physically unable to perform the duties, or are a non-Florida resident who isn’t a close relative. If any of these apply after appointment, Rule 5.310 requires the court and interested persons to be notified promptly. Keep in mind: disqualification doesn’t automatically remove you. Rule 5.440 (covered in Part III) is the removal mechanism.
Rule 5.320 — Oath of Personal Representative
Every PR signs a short oath promising to faithfully administer the estate. It’s ceremonial, but it matters: the oath is what formally triggers fiduciary duties under Florida law. From that moment on, every decision must be made in the beneficiaries’ best interest, not the PR’s.
Rule 5.330 — Execution by Personal Representative
Rule 5.330 covers the technicalities of how a PR signs documents on the estate’s behalf. The correct format is “Jane Doe, as Personal Representative of the Estate of John Doe, deceased.” Sign in your individual name by mistake and you can be held personally liable for the obligation.
Phase 4: Accounting for the Assets (Rule 5.340)
Rule 5.340 is where most of the real work of probate begins. Within 60 days of the PR’s appointment, they must file a verified inventory of every asset subject to administration with its fair market value as of the date of death. The Florida Bar’s probate best-practice materials flag incomplete inventories as the single most common reason for fiduciary complaints (The Florida Bar).
The inventory has to show three things for each asset: a description, a date-of-death value, and whether it’s probate or non-probate property. If the decedent owned real estate outside Florida, that goes on the inventory too, even though it’ll require ancillary administration in the other state. And while interested persons can ask for the inventory, only the PR, attorney, and court get automatic copies.
Florida Probate Rules 5.200–5.340 at a Glance
| Rule | Purpose | Typical Deadline |
|---|---|---|
| 5.200 | Petition for administration | As soon as possible after death |
| 5.201 | Notice to equal/greater preference applicants | 20 days to object |
| 5.205 | Filing evidence of death | With or shortly after petition |
| 5.240 | Notice of Administration | 3 months to object after service |
| 5.241 | Notice to Creditors | 3 mo. from publication / 30 days from service |
| 5.320 | Oath of PR | Before letters issue |
| 5.340 | Inventory | 60 days from appointment |
Frequently Asked Questions
How long does it take to open a Florida probate under Rule 5.200?
Most Polk County and Hillsborough County probates receive letters of administration within 2–4 weeks of filing a clean Rule 5.200 petition. Contested cases, missing heirs, or out-of-state witnesses can push that to 60 days or more. Filing with a complete inventory list, certified death certificate, and original will keeps the clerk from sending the case back for corrections.
Who has to be given Notice of Administration under Rule 5.240?
Rule 5.240 requires service on the surviving spouse, every beneficiary under the will, the trustee of any revocable trust that received estate assets, and persons who may be entitled to elective share or exempt property. They have three months from service to object to the will’s validity, the court’s jurisdiction, or the personal representative’s qualifications.
What happens if a creditor misses the Notice to Creditors deadline?
Under Fla. Stat. §733.702, a creditor who fails to file within three months of first publication (or 30 days of direct service, whichever is later) is barred from the estate. The only narrow exceptions are fraud, intentional concealment of the creditor’s identity, or claims that couldn’t have reasonably been known in time.
Does a personal representative always need to post a bond under Rule 5.235?
No. Bond is often waived when all adult beneficiaries sign a waiver or when the will specifically dispenses with bond. Courts commonly require bond when beneficiaries are minors, when the PR lives out of state, or when litigation looks likely. The bond amount usually tracks the liquid value of the estate.
Can I be personal representative if I don’t live in Florida?
Only if you’re a close relative of the decedent. Under Fla. Stat. §733.304, out-of-state residents who aren’t a spouse, parent, child, sibling, or similar qualified relative cannot serve as Florida personal representative. A non-qualifying out-of-state person named in a will will be deemed disqualified under Rule 5.310.
Need Help Opening a Florida Probate?
Rules 5.200–5.340 are the on-ramp. They’re procedural, but one missed notice or a bad inventory can trigger months of delay and personal liability for the PR. The MTM Law Firm has opened hundreds of Polk, Hillsborough, and Orange County probates at a flat fee, and we handle every rule in this series from petition to discharge.
Keep reading:
- Florida Probate Rules — Part II (Rules 5.341–5.401): inventories, accountings, elective share, and distribution.
- Florida Probate Rules — Part III (Rules 5.406–5.530): exempt property, ancillary administration, and summary administration.
- What is Florida probate? — the 30,000-foot overview.
- Formal administration vs. summary administration.
If you have questions about opening or administering a Florida probate, call 863.250.2990 for a free consultation, or use our contact form.