Part III is where the Florida Probate Rules get practical. If the first two parts of this series walked you through the normal sequence (Part I: opening the estate, Part II: running and closing it), Part III is the off-ramp collection: the rules you reach for when the estate is small, the decedent lived out of state, the original will can’t be found, or the PR needs to step aside.
Below, we break the 5.406–5.530 series into five practical groups: family protections, replacing a personal representative, cross-border estates, creditor claims, and simplified probate.
Family Protections: Exempt Property and Family Allowance (Rules 5.406–5.407)
Florida law protects the decedent’s spouse and children before general creditors are paid. The two vehicles are exempt property and family allowance. These rules exist because the legislature decided that no one should be forced out of a home or left without grocery money while a creditor waits for a formal claim. The numbers matter: exempt property has no dollar cap on the homestead (Fla. Const. Art. X §4), and the family allowance is capped at $18,000.
Rule 5.406 — Proceedings to Determine Exempt Property
Under Fla. Stat. §732.402, certain assets pass to the surviving spouse (or children, if no spouse) outside the reach of most creditors: household furniture and appliances up to $20,000, two motor vehicles, certain tuition programs, and qualified death benefits. Rule 5.406 is the procedural vehicle for declaring what counts as exempt. The petition has to be filed within 4 months of the Notice of Administration or the protection is lost.
Rule 5.407 — Proceedings to Determine Family Allowance
Rule 5.407 authorizes a family allowance of up to $18,000 total (Fla. Stat. §732.403) paid from the estate to the surviving spouse, or to adult dependent lineal heirs when there’s no spouse, during administration. It can be a lump sum or a series of monthly payments. We typically request it up front when a surviving spouse has no independent income, because the three-to-six-month administration window can otherwise be financially crushing.
Simplified Probate for Small Estates (Rules 5.420–5.425)
Not every estate needs a full administration. Florida offers two compact alternatives: disposition of personal property without administration, and disposition of intestate personal property in small estates. Both exist to keep court costs from swallowing the estate itself. According to the Florida Court Clerks & Comptrollers annual report, small-estate procedures account for a meaningful share of probate filings statewide, particularly in cases where the only assets are a final paycheck or a small bank account.
Rule 5.420 — Disposition of Personal Property Without Administration
Rule 5.420 (paired with Fla. Stat. §735.301) lets a family member file a simple request with the court to release non-exempt personal property of limited value. It only works when the only non-exempt assets are worth less than the sum of funeral expenses (preferred up to $6,000) plus medical and hospital bills from the last 60 days of the decedent’s final illness. There’s no formal administration, no personal representative, and no letters. Real estate, titled motor vehicles in the decedent’s sole name, and other court-transfer assets automatically disqualify this route, those require a full probate.
Rule 5.425 — Disposition Without Administration of Intestate Personal Property in Small Estates
This narrower rule covers a specific fact pattern: the decedent died without a will, left only modest personal property, and someone has already paid the funeral expenses. It allows the payer to be reimbursed directly from the estate without opening a probate. It’s rare but saves families real money when it fits.
Replacing the Personal Representative (Rules 5.430–5.460)
The PR isn’t permanent. Rules 5.430 through 5.460 govern voluntary resignation, forced removal, and the reopening of an estate when new assets surface later. In our experience, roughly one in ten contested probates involves at least one motion to remove the personal representative, usually for delay, self-dealing, or failure to account.
Rule 5.430 — Resignation of Personal Representative
A PR who wants out files a petition to resign along with a final accounting covering their period of service. The court approves the resignation, orders any turnover of estate property to the successor, and discharges the PR. Important caveat: resignation does not wipe out liability for breaches of fiduciary duty that happened during service. Those can be pursued later.
Rule 5.440 — Proceedings for Removal of Personal Representative
Removal is a court-ordered exit. Grounds under Fla. Stat. §733.504 include: maladministration, failure to give a required bond, failure to file an accounting, incapacity, conviction of a felony, conflict of interest, or material misrepresentation in the application for appointment. Rule 5.440 sets the procedure: petition, notice, hearing, and (if warranted) appointment of a successor. Candidates for PR should be candid with the court about their qualifications up front. Getting removed later is far worse than declining at the start.
Rule 5.460 — Subsequent Administration
Sometimes an asset surfaces years after the estate was closed: a forgotten bank account, an unclaimed insurance policy, a mineral interest. Rule 5.460 lets the court reopen the case just to administer the newly-discovered asset. The original PR is usually reappointed if available.
Cross-Border Estates: Ancillary Administration (Rules 5.470–5.475)
When a non-Florida resident dies owning Florida real estate, Florida courts can’t rely on the decedent’s home state for transfer authority. Ancillary administration is how Florida asserts jurisdiction over the Florida asset alone. Per the Florida Realtors research, non-resident buyers represent a substantial share of Florida vacation and investment real estate, which is why ancillary probate is common in Central and South Florida.
Rule 5.470 — Ancillary Administration
Rule 5.470 is the full ancillary procedure. It mirrors a standard Florida formal administration, but is limited to the Florida-situs assets. A certified copy of the out-of-state probate (the “domiciliary” probate) is filed with the Florida court, and a Florida PR is appointed. Our ancillary administration service page walks through the full timeline.
Rule 5.475 — Ancillary Administration, Short Form
When the Florida asset is modest and the domiciliary probate is clean, Rule 5.475 offers a streamlined version. It still requires filing, but notice and reporting requirements are reduced. It’s the go-to path when a Michigan snowbird dies owning a $180,000 condo in Kissimmee and nothing else in the state.
Creditor Claims (Rules 5.490–5.499)
Creditors have a narrow window and a strict format for collecting from a Florida estate. Four rules control that process end-to-end. Under Fla. Stat. §733.702, a claim filed after the claims period is barred absent extraordinary circumstances, and Florida courts are strict about enforcement.
Rule 5.490 — Form and Manner of Presenting Claim
Every claim must be verified, state the basis, the amount, and any security interest. It has to be filed with the clerk and served on the PR. No form, no fund. Credit-card companies, medical providers, and utility companies file the lion’s share of these, usually within the first 60 days of publication of the Notice to Creditors.
Rule 5.496 — Form and Manner of Objecting to Claim
The PR reviews every claim. If one looks inflated, time-barred, or unsupported, Rule 5.496 is how to object. The objection has to be filed and served within 4 months of the creditor’s filing date, or the claim is effectively admitted. This is one of the most commonly missed deadlines in Florida probate, so it’s worth a calendar reminder on day one.
Rule 5.498 — Personal Representative’s Proof of Claim
When the PR themselves (or the estate) has a claim against a third party, Rule 5.498 lets them file a formal proof of claim. Think: a debt the decedent was owed, or a tort claim for a fatal car accident. Filing preserves the estate’s position while litigation proceeds.
Rule 5.499 — Objecting to Personal Representative’s Proof of Claim
Any interested person can object to the PR’s proof of claim under Rule 5.499. It’s rare, but it can surface when a PR is attempting to collect a disputed debt in a way beneficiaries believe is wasteful or improper.
Lost Wills and Summary Administration (Rules 5.510–5.530)
The last two rules in the series handle two very different but equally common scenarios: a will that can’t be produced and an estate small enough to skip most of the formal process.
Rule 5.510 — Establishment and Probate of Lost or Destroyed Will
A lost or destroyed will can still be probated under Rule 5.510, but the bar is high. The proponent must prove the will’s execution and revoke any presumption of revocation that arises when the original can’t be produced. Two disinterested witnesses, a copy of the will (photocopy, draft, or attorney file copy), and sworn testimony about why the original is missing are the usual evidence.
Rule 5.530 — Summary Administration
Summary administration is the most commonly used shortcut in Florida probate. It’s available under Fla. Stat. §735.201 when the probate estate is worth less than $75,000 (excluding exempt homestead) or when the decedent has been deceased for more than 2 years. No personal representative is appointed. The court simply orders distribution to the beneficiaries. We use summary administration dozens of times each year. The flat fee is lower, the timeline is usually under 60 days, and the paperwork is about a third of a formal probate.
Florida Probate Rules 5.406–5.530 at a Glance
| Rule | Purpose | Key Threshold or Deadline |
|---|---|---|
| 5.406 | Exempt property | File within 4 mo. of Notice of Administration |
| 5.407 | Family allowance | Capped at $18,000 total (Fla. Stat. §732.403) |
| 5.420 | Disposition without administration | Non-exempt assets ≤ funeral + last-60-days medical |
| 5.440 | Removal of PR | Grounds listed in Fla. Stat. §733.504 |
| 5.470 | Ancillary administration | For non-Florida decedents with Florida assets |
| 5.496 | Objection to creditor claim | Within 4 months of claim filing |
| 5.530 | Summary administration | Estate < $75,000 OR decedent deceased > 2 years |
Frequently Asked Questions
What is the maximum family allowance in Florida under Rule 5.407?
The maximum family allowance is $18,000 total, set by Fla. Stat. §732.403. It is paid from the estate to the surviving spouse (or to adult dependent lineal heirs when there is no spouse) to cover living expenses while probate is pending. The court can approve a lump sum or a series of monthly payments.
When does a Florida estate qualify for summary administration under Rule 5.530?
An estate qualifies for summary administration when the probate estate (excluding exempt homestead) is worth less than $75,000, or when the decedent has been deceased for more than two years, under Fla. Stat. §735.201. Summary administration appoints no personal representative and can usually be closed in under 60 days.
Do I need a Florida probate if my parent lived in another state but owned a Florida house?
Yes. Ancillary administration under Rule 5.470 (or the short-form version in Rule 5.475) is required to transfer title to Florida real estate owned by a non-Florida decedent. The home-state probate by itself is not enough to change the Florida deed.
How do I get a personal representative removed under Rule 5.440?
An interested person files a petition for removal citing grounds under Fla. Stat. §733.504, such as maladministration, failure to account, felony conviction, incapacity, or conflict of interest. Notice is served, the court holds a hearing, and if the grounds are proven, a successor personal representative is appointed.
Can I probate a copy of a will in Florida if the original is missing?
Sometimes. Rule 5.510 permits probate of a lost or destroyed will, but the proponent has to prove due execution and overcome the presumption of revocation that Florida applies when an original will last known to be in the testator’s possession can’t be produced. Two disinterested witnesses plus a copy of the will are typically required.
Need the Right Probate Rule Applied to Your Situation?
Part III covers the corner cases, but corner cases are where most families actually live. A small estate, an out-of-state parent, a missing will, a non-performing PR. These are the situations where the wrong rule gets applied, costs stack up, and families wait months for a result a flat-fee lawyer could have delivered in weeks.
Finish the series:
- Florida Probate Rules — Part I (Rules 5.200–5.340): opening the estate.
- Florida Probate Rules — Part II (Rules 5.341–5.401): inventories, accountings, elective share, and closing out.
- Summary administration vs. formal administration.
- Ancillary administration for out-of-state decedents.
Call 863.250.2990 for a free consultation with a Florida probate attorney, or reach out through our contact page.