Background
The Florida Bar’s Probate Rules Committee filed a report proposing targeted amendments to five Florida Probate Rules: 5.025 (Adversary Proceedings), 5.122 (Curators), 5.200 (Petition for Administration), 5.320 (Oath of Personal Representative), and 5.470 (Ancillary Administration). The proposals were published for public comment, and one comment was filed by Terrence T. Dariotis of Dariotis Law, to which the Committee responded.
The amendments were largely technical in nature, addressing gaps and inconsistencies in existing rules governing estate administration. Among the most substantive changes were clarifications to curator authority, updated statutory cross-references to Florida’s elder abuse statutes (Chapter 825), and terminology adjustments for consistency throughout the rules.
The Florida Supreme Court has jurisdiction over the adoption of court rules under Article V, Section 2(a) of the Florida Constitution and Florida Rule of General Practice and Judicial Administration 2.140(b). The court adopted the Committee’s proposals with minor revisions.
The Court’s Holding
The Florida Supreme Court adopted the proposed amendments to the five probate rules, with minor revisions, to take effect October 1, 2026, at 12:01 a.m. The court’s per curiam opinion identified two categories of changes as most significant. First, rule 5.122 (Curators) was amended to require that letters of curatorship expressly state the powers being granted to the curator, and to clarify that a court may limit a curator’s authority to possess or control only part of the decedent’s property rather than all of it. Rule 5.122(d) was also amended to require that any court order specify whether the curator is authorized to address creditor demands under rules 5.240 and 5.241.
Second, rules 5.200 and 5.320 were amended to add citations to sections 825.102 and 825.103, Florida Statutes, which define and penalize abuse, neglect, and exploitation of elderly persons and disabled adults. These references appear in the petition for administration and the individual oath of personal representative, where prospective personal representatives must certify they have not been convicted of such offenses. The prior rules had referenced only section 825.101 (definitions); the amendments now also cite the operative penalty provisions.
Additional changes include a grammatical amendment to rule 5.025(d)(2) removing a reference to Florida Rule of Civil Procedure 1.525 from adversary proceedings, and a conforming amendment to rule 5.470(a)(1) for ancillary administration petitions. Throughout the rules, mandatory language was updated from “shall” to “must” in compliance with the court’s Guidelines for Rules Submissions, Administrative Order AOSC22-78.
Key Takeaways
- Letters of curatorship must now expressly specify the powers granted to the curator, and court orders must state whether the curator is authorized to address creditor demands under rules 5.240 and 5.241.
- Petitions for administration and individual oaths of personal representative now cross-reference sections 825.102 and 825.103, Florida Statutes, ensuring prospective personal representatives acknowledge the full scope of disqualifying elder abuse and exploitation convictions.
- The amendments use “must” in place of “shall” throughout the amended rules, consistent with the Florida Supreme Court’s ongoing plain-language guidelines for court rules.
- All amendments take effect October 1, 2026; a motion for rehearing will not alter that effective date.
Why It Matters
For probate practitioners, the clarified curator rule has immediate practical significance: letters of curatorship must now be reviewed carefully to confirm the scope of authority actually granted, particularly with respect to creditor claims. Curators acting without explicit court authorization to address demands under rules 5.240 and 5.241 risk exceeding their authority, which could expose the estate to procedural complications.
The updated elder abuse statutory references in rules 5.200 and 5.320 reflect the legislature’s expansion of Chapter 825 and ensure that disqualification disclosures in petitions and oaths are anchored to the correct, operative statutes. Attorneys preparing petitions for administration or oaths of personal representatives should confirm their forms are updated to cite sections 825.101, 825.102, and 825.103 before the October 1, 2026 effective date.