If Part I (Rules 5.200–5.340) is about opening the estate, Part II is about running it. Every decision the personal representative makes in this phase has to be documented, supportable, and (often) court-approved. Below, we break the 5.341–5.401 series into four natural phases: estate reporting, business and spousal rights, transferring property, and closing out.
This is Part II of three. When you’re done here, Part III covers Rules 5.406–5.530 (exempt property, ancillary administration, summary administration, lost wills, and resignation/removal of the PR).
Phase 1: Reporting to Interested Parties (Rules 5.341–5.346)
Florida probate is intentionally transparent. Rules 5.341 through 5.346 tell the personal representative exactly what they have to disclose, when, and to whom. According to The Florida Bar, fiduciary accounting disputes are among the top sources of probate litigation statewide, which is why these rules are treated so strictly.
Rule 5.341 — Estate Information
Rule 5.341 requires the PR to furnish estate information (assets, liabilities, beneficiaries) to any interested person on written request, or when the court orders it. It’s a cheaper, faster alternative to formal discovery and keeps most disputes from becoming full-blown litigation. Best practice: draft a standard estate-information packet right after the inventory is filed, and you can send it in minutes when a beneficiary asks.
Rule 5.342 — Inventory of Safe-Deposit Box
Safe-deposit boxes sit outside a normal home or office inventory. Rule 5.342 requires a separate, itemized inventory of the contents, witnessed and recorded at the bank before anything is removed. This is how estate jewelry, cash, and important documents survive scrutiny years later.
Rule 5.3425 — Search of Safe Deposit Box
Before the PR is even appointed, Rule 5.3425 lets a family member petition the court (and the bank) to open the box just to search for a will, life insurance policy, or burial instructions. Nothing else can be removed. We’ve used this to unlock funeral planning when the will was only in the box.
Rule 5.345 — Interim Accountings (Non-Final)
Long estates, especially those with a pending lawsuit or an operating business, can benefit from interim accountings. Rule 5.345 governs the format: all receipts, disbursements, and transactions for the period, with supporting documentation. A well-kept interim accounting heads off the final-accounting objections described under Rule 5.401 below.
Rule 5.346 — Fiduciary Accounting
This is the format rule. Every accounting in a Florida probate has to use the form and content specified in Rule 5.346, which tracks Uniform Fiduciary Accounting Principles. Principal and income are shown separately, every asset sale is documented at cost and proceeds, and carrying values are reconciled to the inventory. Judges read hundreds of these, and they can spot a sloppy one in 30 seconds.
Phase 2: Business Operations and Spousal Rights (Rules 5.350–5.365)
When the decedent ran a business or left a surviving spouse, two extra layers of rules kick in. Per the National Conference of State Legislatures, Florida remains one of the strongest states for surviving-spouse protections, which makes Rules 5.360 and 5.365 especially consequential.
Rule 5.350 — Continuance of Unincorporated Business or Venture
If the decedent owned a sole proprietorship, a general partnership interest, or a rental portfolio held in their individual name, Rule 5.350 lets the PR keep the business running during administration (with court authority). Shutting a viable business down mid-probate usually destroys value. Keeping it open, responsibly, preserves it for the beneficiaries.
Rule 5.355 — Review of Employment of Agents and Compensation
The PR can hire accountants, appraisers, real-estate agents, and other help. Rule 5.355 lets an interested person (or the court on its own motion) review whether those hires were necessary and whether the fees paid were reasonable. We tell every PR: document why you hired someone, not just what you paid.
Rule 5.360 — Elective Share
Florida’s elective share gives the surviving spouse a right to 30% of the elective estate under Fla. Stat. §732.2065, regardless of what the will says. The elective estate includes the probate estate plus certain non-probate transfers (revocable trust assets, joint accounts, pay-on-death accounts) so it’s almost always larger than the probate inventory. The surviving spouse generally has 6 months from service of the Notice of Administration or 2 years from date of death (whichever is later) to file the election.
Rule 5.365 — Petition for Dower
Dower was abolished in Florida in 1975, but the rule remains on the books for the vanishing set of estates where a surviving spouse elected dower before repeal. Today, practically every surviving-spouse claim moves under Rule 5.360 instead.
Phase 3: Moving Property Out of the Estate (Rules 5.370–5.386)
Once debts and spousal rights are addressed, the PR’s job is to get the right assets to the right people. Florida’s rules bake in several safety checks to make sure nothing leaves the estate for less than full value. Per the Florida Realtors market reports, the median Polk County single-family sale price rose above $325,000 in 2025, which makes Rule 5.370 real-property sales especially important in this area.
Rule 5.370 — Sales of Real Property Where No Power Conferred
If the will doesn’t specifically give the PR power to sell real estate, Rule 5.370 requires a petition, notice to all interested persons, and a court order before closing. Skipping it can void the deed. Our standard practice: always file under 5.370 when the power of sale is ambiguous, even if it costs a few extra filing dollars. The alternative (a title defect discovered years later) is far worse.
Rule 5.380 — Compulsory Payment of Devises or Distributive Interests
When a specific devise (e.g., “my 1967 Mustang to my nephew Joe”) is being unreasonably held up, Rule 5.380 lets the beneficiary petition the court to compel delivery. It’s rarely needed, but when it is, it’s the cleanest way to resolve a stalled distribution.
Rule 5.385 — Determination of Beneficiaries and Shares
Intestate estates, blended families, and ambiguous will language all end up here. Rule 5.385 is the procedural vehicle for the court to rule, with finality, on who gets what percentage. See our intestate succession guide for how Florida sets shares when there’s no will.
Rule 5.386 — Escheat
If there is no will and no qualifying heirs under Florida’s intestacy statutes, the estate’s assets escheat to the State of Florida. It’s rare (usually under 1% of cases), but Rule 5.386 provides the procedure. The state holds the funds for a period during which a missing heir can still claim them.
Phase 4: Closing the Estate (Rules 5.395–5.401)
The finish line. Three rules, and done, if you’ve done everything else right. A clean close in Polk County typically runs 4–6 months on a non-contested formal administration. Contested ones can stretch well past a year, particularly when a creditor claim or elective share is in play.
Rule 5.395 — Notice of Federal Estate Tax Return
Most estates don’t owe federal estate tax (the federal exemption is $13.99 million per individual for 2025, per the IRS), but when an estate crosses that threshold, Rule 5.395 requires notice to interested persons that a Form 706 return is due. Large Florida estates often sit above the state’s homestead-protected value while still owing no federal tax, so it’s worth confirming early.
Rule 5.400 — Distribution and Discharge
The PR files a final accounting, a plan of distribution, and a petition for discharge all together. If no one objects within 30 days, the court signs the order closing the estate and releasing the PR from further duty. From that point forward, the PR has no authority and no fiduciary obligation.
Rule 5.401 — Objections to Petition for Discharge or Final Accounting
Any interested person has 30 days from service of the petition for discharge to file written objections. Objections must state the specific basis (e.g., a disputed fee, an unexplained transaction, an asset not accounted for). Vague objections get stricken. This is the single most important deadline in the entire closing phase, so mark it on your calendar twice.
Florida Probate Rules 5.341–5.401 at a Glance
| Rule | Purpose | Key Threshold or Deadline |
|---|---|---|
| 5.346 | Fiduciary accounting format | Must track Uniform Fiduciary Accounting Principles |
| 5.360 | Elective share | 30% of elective estate; file within 6 mo. of Notice or 2 yr of death |
| 5.370 | Real property sale (no power in will) | Court order required |
| 5.395 | Federal estate tax return notice | $13.99M exemption (2025) |
| 5.400 | Final distribution & discharge | 30 days to object |
| 5.401 | Objections to discharge | 30 days from service |
Frequently Asked Questions
How much is the elective share in Florida under Rule 5.360?
The elective share is 30% of the elective estate, per Fla. Stat. §732.2065. The elective estate includes the probate estate plus many non-probate transfers such as revocable-trust property, joint accounts, and pay-on-death accounts. The surviving spouse typically has six months from service of the Notice of Administration, or two years from the date of death, to file the election.
When does a personal representative have to sell real property through Rule 5.370?
Any time the will does not expressly grant the power of sale, or the power is ambiguous. Rule 5.370 requires filing a petition, serving all interested persons, and obtaining a court order before closing. Skipping this step can create a title defect that haunts the buyer and the estate for years.
What information has to go into a Rule 5.346 fiduciary accounting?
A Rule 5.346 accounting must separate principal and income, list every receipt and disbursement with date and payee, show carrying values reconciled to the inventory, and include supporting documentation for asset sales. Florida courts follow the Uniform Fiduciary Accounting Principles, so the presentation is standardized statewide.
How long does a Florida probate take once you reach Rule 5.400 distribution?
A clean, non-contested formal administration in Polk, Hillsborough, or Orange County typically closes 4–6 months after filing. Once the petition for discharge is served under Rule 5.400, interested persons have 30 days to object. If no one does, the court usually signs the discharge order within 2–3 weeks.
Does a Florida estate owe federal estate tax?
Rarely. The 2025 federal estate tax exemption is $13.99 million per individual (IRS). Florida has no separate state estate tax. When an estate does cross the federal threshold, Rule 5.395 requires the personal representative to give notice that a Form 706 return is coming due.
Keep Your Probate on Schedule
The Rules 5.341–5.401 phase is where most estate value is actually transferred, and where the vast majority of professional-liability claims against personal representatives originate. If you’re administering a Florida estate and you’re unsure whether a sale, an accounting, or a distribution is being handled correctly, the fix is almost always cheaper than the litigation that follows a mistake.
Keep reading the series:
- Florida Probate Rules — Part I (Rules 5.200–5.340): opening the estate.
- Florida Probate Rules — Part III (Rules 5.406–5.530): exempt property, ancillary administration, and summary administration.
- Formal administration vs. summary administration.
- How Florida probate fees are calculated.
For a free consultation with a Florida probate attorney, call 863.250.2990 or reach out through our contact page.