IN RE: AMENDMENTS TO FLORIDA PROBATE RULE 5.010
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The Florida Supreme Court adopted amendments to Florida Probate Rule 5.010 to update the rule's scope section to include a reference to Part V (Forms), which had previously been adopted but not reflected in the rule text.
The Court adopted the proposed amendments to Rule 5.010 as submitted by the Committee, adding a reference to Part V (Forms) and amending the Committee Notes accordingly. The amendments became effective January 1, 2026, at 12:01 a.m.
[1] The Florida Supreme Court has jurisdiction to amend the Florida Probate Rules.
[2] The Florida Probate Rules govern procedure in all probate and guardianship proceedings.
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Join FLexlaw to unlock all legal intelligence“These rules govern the procedure in all probate and guardianship proceedings and shall be known as the Florida Probate Rules and may be cited as Fla. Prob. R. Part I applies to all proceedings. Part II applies to probate alone, Part III applies to guardianship alone, and Part IV applies to expedited judicial intervention concerning medical treatment procedures, and Part V provides forms.”
The amended rule text showing the addition of Part V (Forms) to the scope statement
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Probate Rules Committee proposed amending Rule 5.010 to include a reference to Part V (Forms) of the Florida Probate Rules, which ha…
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PER CURIAM.
The Florida Bar's Probate Rules Committee proposes amending Florida Probate Rule 5.010 (Scope).¹ The Committee published the proposal for comment in The Florida Bar News; no comments were received by the Committee. The Florida Bar's Board of Governors unanimously recommends acceptance of the proposed amendments. The Court published the Committee's proposal in the July 1, 2025, issue of The Florida Bar News; no comments were received by the Court.
We adopt the amendments to rule 5.010 as proposed by the Committee. Rule 5.010 states that these rules govern the
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
procedure in all probate and guardianship proceedings and lists the various parts of the rule set (Parts I-IV) and the purpose for each part. We amend the rule to include a reference to Part V (Forms), which was adopted by the Court in In re Amendments to the Florida Probate Rules—Guardianship, 301 So. 3d 859 (Fla. 2020). We amend the Committee Notes to reflect this change.
Accordingly, we amend the Florida Probate Rules as reflected in the appendix to this opinion. New language is underscored; deleted language is stricken. The amendments shall become effective on January 1, 2026, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.