Florida Probate Rules 5.200 through 5.340 control every step of opening and organizing a probate case. They tell you what the petition must contain, who gets notice, how the personal representative is appointed, and when the first inventory is due. Get one of these steps wrong and the court can reject your filing, delay letters of administration, or expose the estate to creditor disputes that could have been avoided.
This guide walks through each rule in plain language, organized into the four phases every Florida probate moves through. It covers the current rules as of January 1, 2026, and flags the October 1, 2026 amendments (SC2025-1462) that change Rules 5.200 and 5.320 before they take effect.
Key Takeaways
- Rules 5.200 through 5.340 cover the four phases of opening a Florida probate: filing the petition, proving the will and giving notice, appointing the personal representative, and filing the initial inventory.
- The petition for administration (Fla. Prob. R. 5.200) must be verified and must list the decedent’s identity, estimated estate value, all known beneficiaries, and the proposed personal representative’s qualifications.
- Creditors must receive both published notice (Rule 5.241) and direct notice if reasonably ascertainable. Missing either notice creates claims that survive long after the estate should have closed.
- The personal representative must file a verified inventory of every estate asset within 60 days of appointment (Rule 5.340).
- October 2026 update: The Florida Supreme Court’s June 2026 order (SC2025-1462) amends Rules 5.200 and 5.320 to add elder-abuse screening references (Fla. Stat. §§825.102 and 825.103) to the petition and oath. Effective October 1, 2026.
Phase 1: Filing the Petition (Rules 5.200, 5.201, 5.205)
Every Florida probate starts with a single filing: the petition for administration. Rules 5.200, 5.201, and 5.205 govern what the petition must contain, who must be notified that you filed it, and what evidence of death the court requires.
Rule 5.200: What the Petition Must Contain
The petition for administration must be verified by the petitioner (meaning signed under oath) and must include the following information (Fla. Prob. R. 5.200):
| Required element | Rule reference | What the court needs to see |
|---|---|---|
| Decedent’s identity | 5.200(a)-(c) | Full legal name, date and place of death, state and county of domicile at death |
| Estate value estimate | 5.200(d) | Estimated value of probate and non-probate assets, so the court can set bond and determine administration type |
| Will status | 5.200(e)-(f) | Whether the decedent died testate or intestate; if testate, attach the original will |
| Beneficiaries | 5.200(g)-(h) | Names and addresses of all known beneficiaries under the will and/or heirs at law under Florida intestacy statutes |
| Proposed personal representative | 5.200(i)-(k) | Name, relationship to decedent, and a statement of qualification under Fla. Stat. §733.302 |
| PR disqualification screening | 5.200(k)(2) | Whether the proposed PR has been convicted of abuse, neglect, or exploitation of an elderly or disabled adult under §825.101, §825.102, and §825.103 |
The disqualification screening row is worth your attention. Under Rule 5.200(k), the petition must include a statement that the proposed personal representative is qualified to serve. Subdivision (k)(2) specifically requires disclosure of any conviction for abuse, neglect, or exploitation of an elderly person or disabled adult. The October 2026 amendment (SC2025-1462) adds explicit references to Fla. Stat. §§825.102 and 825.103, making the screening requirement more precise. Before that amendment, only §825.101 (definitions) was referenced.
If any required item is missing, the clerk’s office will reject the petition. In Polk County’s 10th Judicial Circuit, rejections for incomplete petitions are one of the most common reasons for delay in the first week of a new case.
Rule 5.201: Notice of the Petition
Once the petition is filed, formal notice must go to any person who has an equal or greater right to serve as personal representative and who is not joining in the petition (Fla. Prob. R. 5.201). The point of this notice is to give competing candidates a chance to object before the court appoints someone.
In practice, this means if the decedent’s will names one child as personal representative, but another child also has a right to serve, the non-joining child must receive formal notice. Skipping this step does not save time. It gives the overlooked party grounds to challenge the appointment later, which can unravel months of work.
Rule 5.205: Filing Evidence of Death
The court requires a certified copy of the death certificate or other proof of death acceptable to the court (Fla. Prob. R. 5.205). In most Polk County cases, a certified death certificate from the Florida Department of Health is sufficient. In cases involving death outside the United States, or where a body has not been recovered, the court may accept alternative evidence, but you will typically need a court order authorizing the alternative proof.
For a broader picture of how the petition fits into the probate process as a whole, see our guide to what Florida probate involves.
Phase 2: Proving the Will and Giving Notice (Rules 5.210, 5.230, 5.240, 5.241, 5.260)
After the petition is filed and accepted, the court turns to two parallel tracks: validating the will (if there is one) and notifying everyone who has a stake in the estate.
Rule 5.210: Probate of Wills Without Administration
Not every will requires full administration. Rule 5.210 allows a will to be admitted to probate without opening a full estate proceeding. This is used when the will needs to be recorded for purposes such as transferring title to real property, but there are no assets that require active administration. The petition must still be verified and filed with the original will, and the court must be satisfied that the will was properly executed under Florida law.
Rule 5.230: Commission to Prove Will
When a witness to the will cannot appear before the court in person, Rule 5.230 allows the court to issue a commission to take the testimony of the absent witness. This comes up more often than people expect. A will signed twenty years ago may have witnesses who have since moved out of state or become physically unable to travel. The commission process keeps the case moving without requiring every witness to appear in the Polk County courthouse.
Rule 5.240: Notice of Administration
The notice of administration is one of the most consequential filings in any Florida probate. Under Rule 5.240, the personal representative must serve a notice of administration on all known or reasonably ascertainable interested persons, including beneficiaries named in the will and heirs who would inherit if there were no will (Fla. Prob. R. 5.240).
The notice tells recipients that the estate has been opened, who the personal representative is, and that they have a limited time to file objections. For beneficiaries, this notice triggers the clock on challenging the will’s validity. For the personal representative, properly serving this notice is the first step toward eventually closing the estate without lingering disputes.
Rule 5.241: Notice to Creditors
Creditor notice operates on two separate tracks, and both are mandatory:
Published notice must be run in a newspaper of general circulation in the county where the estate is being administered. The publication puts unknown creditors on notice. After publication, unknown creditors have three months to file claims or be forever barred (Fla. Stat. §733.702).
Direct notice must go to every creditor who is “reasonably ascertainable,” meaning anyone the personal representative knows about or should know about through a reasonably diligent search. Known creditors who receive direct notice have 30 days from the date of service (not the date of publication) to file claims. Fail to send a known creditor direct notice, and that creditor’s claim may survive long after the published notice deadline has passed.
This dual-notice system catches many first-time personal representatives off guard. They publish the notice in the newspaper and assume the job is done. It is not. You must also search the decedent’s records, identify known creditors, and send each one direct notice. Skipping this step is one of the most expensive mistakes in Florida probate.
Rule 5.260: Caveat; Proceedings
A caveat is a legal notice filed by an interested person asking the court not to admit a will to probate or not to appoint a personal representative without giving the caveator notice. Think of it as a pre-emptive objection. Anyone who files a caveat under Rule 5.260 must receive formal notice before the court takes action on the petition, which gives the caveator time to prepare a challenge.
Caveats are common in contested estates where family members disagree about the validity of a will or the fitness of the proposed personal representative. If you are the petitioner and a caveat has been filed, expect the court to slow down and require a hearing before proceeding.
Phase 3: Appointing the Personal Representative (Rules 5.235, 5.310, 5.320, 5.330)
Once the petition is accepted and notice has been given, the court turns to appointing the personal representative. This phase involves qualification checks, an oath, and the formal issuance of letters of administration.
Rule 5.235: Issuance of Letters and Bond
Letters of administration (for intestate estates) or letters testamentary (for testate estates) are the court order that gives the personal representative legal authority to act on behalf of the estate (Fla. Prob. R. 5.235). Without these letters, no bank, title company, or government agency will recognize the personal representative’s authority.
The court may require the personal representative to post a bond before issuing letters. Bond protects the estate’s beneficiaries against mismanagement. The will can waive the bond requirement, and many Florida wills do. When a bond is required, the amount is typically based on the estimated value of the estate’s personal property.
From over eight years of Polk County probate practice: The most common delay I see at this stage is a proposed personal representative who does not realize they are disqualified. Florida law bars anyone convicted of a felony, anyone who is not a Florida resident (unless they are a close family member), and anyone under age 18. I have seen families name a trusted friend in another state as PR, only to discover at the courthouse that the friend cannot serve because they have no qualifying family relationship. Check the qualifications before you file.
Matthew T. Morrison, MTM Law Firm
Rule 5.310 and Fla. Stat. §§733.302-733.304: Who Can Serve
Before the court appoints anyone, it checks three statutes that set hard disqualification lines:
| Disqualification ground | Statute | What it means in practice |
|---|---|---|
| Felony conviction | §733.303 | Any felony conviction in any state or foreign jurisdiction, regardless of when it occurred. The conviction does not need to be related to financial crimes. |
| Non-resident without family relationship | §733.304 | A non-Florida resident can serve only if they are a spouse, sibling, parent, child, aunt, uncle, nephew, niece, or someone related by lineal consanguinity to such a person, or the spouse of such a person. |
| Under age 18 | §733.303 | Minors cannot serve as personal representatives in Florida. |
| Mental or physical incapacity | §733.303 | Anyone adjudicated mentally or physically unable to perform the duties. |
| Elder abuse/exploitation conviction | §825.102, §825.103 | Conviction for abuse, aggravated abuse, or neglect of an elderly person, or exploitation of an elderly or disabled adult. Explicitly referenced in the October 2026 amendments to Rules 5.200 and 5.320. |
The elder-abuse screening deserves special attention. Before the October 2026 amendments, Rule 5.200(k)(2) referenced only Fla. Stat. §825.101 (definitions). The amended rule now also cites §825.102 (abuse, aggravated abuse, and neglect) and §825.103 (exploitation), making the screening more specific and harder to overlook. The same references are added to the oath form in Rule 5.320.
Rule 5.320: The Oath of Personal Representative
Before the court issues letters of administration, the proposed personal representative must file an oath to faithfully administer the estate (Fla. Prob. R. 5.320). For an individual, the oath must include a statement that the person:
- Has reviewed the statutes governing qualifications for personal representatives
- Is qualified to serve under Fla. Stat. §§733.302, 733.303, and 733.304
- Has a continuing duty to notify interested persons of any event that would disqualify them
The oath must be notarized. Rule 5.320 provides a specific form that the oath must “substantially comply” with, including sworn statements that the affiant is 18 or older, has never been convicted of a felony, has never been convicted of abuse, neglect, or exploitation of an elderly person or disabled adult, is mentally and physically able to serve, and is either a Florida resident or qualifies under the family-relationship exception.
One practical detail: the oath may be signed at the same time as the petition for administration. Rule 5.320’s Committee Notes confirm that the oath will be valid even if it predates the order appointing the personal representative. Filing both simultaneously saves a trip to the courthouse.
Rule 5.330: Execution by Personal Representative
Once appointed, the personal representative must sign all documents with proper title designation. Rule 5.330 requires that documents executed on behalf of the estate clearly identify the signer as “Personal Representative of the Estate of [Decedent’s Name].” This is not a formality. Banks, title companies, and third parties rely on the title designation to confirm the signer has authority. Signing without it can cause documents to be rejected or, worse, create personal liability for the representative.
Phase 4: Accounting for Assets (Rule 5.340)
Within 60 days of appointment, the personal representative must file a verified inventory of every asset in the estate (Fla. Prob. R. 5.340). “Verified” means the personal representative signs the inventory under oath. The inventory must include:
- A reasonably detailed description of each asset (real property, bank accounts, vehicles, investments, personal property of significant value)
- The fair market value of each asset as of the date of the decedent’s death
- The type of each asset and how it was titled
The 60-day clock starts from the date of appointment, not the date of death. Many personal representatives confuse this and file late. A late inventory is not just a procedural violation. It can trigger a court inquiry into whether the personal representative is fulfilling their fiduciary duties, and it gives disgruntled beneficiaries ammunition to seek removal.
For real property, you will generally need an appraisal or a comparative market analysis to establish fair market value. For financial accounts, the statement balance on the date of death is typically sufficient. For vehicles, the Florida DHSMV records and standard valuation guides (NADA, Kelley Blue Book) are acceptable. For more on how specific assets are handled in Florida probate, see our posts on what happens to a car in probate and determining exempt property.
If the estate’s assets change after the initial inventory (because an asset is discovered, a value is corrected, or property is received after the filing), the personal representative must file a supplemental or amended inventory. There is no deadline in the rules for the supplemental filing, but it should be done promptly to maintain transparency with the court and the beneficiaries.
The October 2026 Amendments: What Changed
On June 18, 2026, the Florida Supreme Court issued its order in In re: Amendments to Florida Probate Rules, No. SC2025-1462. The amendments take effect on October 1, 2026, at 12:01 a.m. Here is what changed for the rules covered in this guide:
| Rule | What changed | Why it matters |
|---|---|---|
| 5.200 (Petition for Administration) | “Shall” replaced with “must” throughout. Subdivision (k)(2) now references Fla. Stat. §§825.101, 825.102, and 825.103. | The petition must now explicitly screen for convictions under the exploitation statute (§825.103), not just the definitions section. This closes a gap where practitioners could argue that the old rule only required awareness of the definitions, not the substantive offenses. |
| 5.320 (Oath of PR) | Subdivision (b) amended to correct statutory references. Oath form item (c) now references §§825.101, 825.102, and 825.103. | The oath the personal representative signs under penalty of perjury now explicitly includes exploitation of elderly or disabled adults (§825.103) as a disqualifying conviction, matching the updated petition requirements in Rule 5.200. |
| 5.122 (Curators) | Subdivision (d) now requires the court order to state whether the curator has authority to address demands filed under Rules 5.240 (Notice of Administration) and 5.241 (Notice to Creditors). Letters of curatorship must specify powers granted. | Curators can no longer assume blanket authority. The order must spell out what they can and cannot do, especially regarding creditor notice. This aligns with the Part II rules on fiduciary accounting. |
These changes are procedural, not substantive. They do not create new disqualifications or new duties. They make existing screening requirements more explicit and harder to overlook in the petition and oath forms. For attorneys filing petitions after October 1, 2026, the takeaway is simple: update your forms to cite all three statutes (§§825.101, 825.102, and 825.103) in the qualification statement and the oath.
The October 2026 amendments also dovetail with the new curator law (Fla. Stat. §733.501, as amended by CS/HB 131, Chapter 2026-85), which took effect on July 1, 2026. That law lowered the appointment standard for curators from “great danger” to “significant danger” and added periodic court-reporting requirements. Together, these changes reflect a broader tightening of oversight in Florida probate proceedings. Matthew T. Morrison, the author of this guide, drafted and championed the amendment to §733.501.
Common Filing Mistakes in Polk County
After handling hundreds of probate filings in Polk County’s 10th Judicial Circuit, the same mistakes come up repeatedly. Most of them are avoidable with a checklist.
Filing the petition without the original will. A photocopy will not do unless you follow a separate lost-will procedure. The clerk’s office will not process the petition until the original is filed or a court order authorizes an alternative.
Naming a non-qualifying personal representative. The most frequent version of this is naming an out-of-state friend who has no qualifying family relationship under Fla. Stat. §733.304. The court will reject the appointment, and the family will need to identify a new candidate and potentially re-file.
Sending published notice but skipping direct creditor notice. Published notice in the newspaper bars only unknown creditors. Every creditor you know about (or should know about through reasonable diligence) must receive direct written notice under Rule 5.241. Skipping this step leaves those creditors’ claims alive indefinitely.
Missing the 60-day inventory deadline. Rule 5.340 gives 60 days from the date of appointment, not from the date of death. The clock starts the day the court issues letters of administration. A late inventory draws court attention and gives objecting parties grounds to question the personal representative’s fitness.
Filing the oath without notarization. The oath form in Rule 5.320 must be sworn or affirmed before a notary public. An unsigned or unnotarized oath will be rejected, requiring the personal representative to appear again.
The Full Series: Parts I, II, and III
This guide covers Rules 5.200 through 5.340: filing, notice, appointment, and the first inventory. The Florida Probate Rules continue well beyond this point, covering fiduciary accounting, claims resolution, and estate distribution. We break the full rule set into three parts:
- Part I (this guide): Rules 5.200 through 5.340, covering the opening phases of probate.
- Part II: Rules 5.341 through 5.401, covering the personal representative’s powers, fiduciary accounting under Rule 5.346, and claims procedures.
- Part III: Rules 5.406 through 5.530, covering ancillary administration for out-of-state decedents, guardianship intersections, and closing the estate.
For a plain-language overview of what probate looks like start to finish before diving into the rules, see how to go through probate in Florida. For the question of whether you need to go through probate at all, see when probate is required in Florida.
Frequently Asked Questions
Where do I file a probate petition in Florida?
You file in the circuit court of the county where the decedent was domiciled at the time of death (Fla. Stat. §733.101). For someone who lived in Lakeland, that is the Polk County Clerk of Court in the 10th Judicial Circuit. If the decedent was not a Florida resident but owned Florida real property, you would file ancillary administration in the county where the property is located.
How long does it take to get letters of administration in Florida?
In an uncontested case with complete filings, the court typically issues letters of administration within a few days to two weeks after the petition is filed. Delays occur when the petition is incomplete, when a caveat has been filed (Rule 5.260), or when the proposed personal representative’s qualifications are questioned. Contested cases can take months before letters are issued. For more on timelines, see our guide on how long Florida probate takes.
Can I serve as personal representative if I live outside Florida?
Only if you are related to the decedent by blood, adoption, or marriage within the categories listed in Fla. Stat. §733.304. Those categories include a spouse, sibling, parent, child, uncle, aunt, nephew, niece, or someone related by lineal consanguinity to such a person (or the spouse of such a person). A non-resident friend or business partner cannot serve, even if the will names them.
What happens if the personal representative misses the 60-day inventory deadline?
The court may issue an order to show cause, requiring the personal representative to explain the delay. Interested persons (beneficiaries, creditors) can also petition the court to compel the inventory or to remove the personal representative for failure to perform duties. While the court has discretion and may grant extensions for good cause, a pattern of late filings undermines the representative’s credibility and can lead to removal under Fla. Stat. §733.504.
What are the October 2026 changes to the Florida Probate Rules?
The Florida Supreme Court’s June 18, 2026 order (SC2025-1462) amends five Florida Probate Rules effective October 1, 2026. For the rules in this guide, the key changes are to Rule 5.200 (Petition for Administration) and Rule 5.320 (Oath of Personal Representative), both of which now explicitly reference Fla. Stat. §§825.102 and 825.103 for elder-abuse and exploitation screening. Rule 5.122 (Curators) also received amendments requiring the court order to specify the curator’s authority regarding creditor notices.