Florida Probate Rule 5.407

Proceedings to Determine Family Allowance

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

  1. (a)
    Petition. An interested person may file a petition to determine family allowance.
  2. (b)
    Contents. The petition must be verified by the petitioner and must:
    1. (1)
      state the names and addresses of the decedent’s surviving spouse and the decedent’s adult lineal heirs and the initials, address, and year of birth of the decedents’ lineal heirs who are minors and who were being supported by the decedent or who were entitled to be supported by the decedent at the time of the decedent’s death; and
    2. (2)
      for each person for whom an allowance is sought, state the adult person’s name, or minor child’s initials, and relationship to the decedent, the basis on which the allowance is claimed, and the amount sought.
  3. (c)
    Order. The order must identify each adult person’s name and each minor child’s initials entitled to the allowance, the amount to which each is entitled, the method of payment, and to whom payment should be made.

Notes

Rule History
2003
New rule.
2012
Editorial change in (b)(1) for gender neutrality. Committee notes revised.
2014
Subdivisions (b)(1) and (b)(2) are amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
2019
Subdivision (c) is revised to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
2026
Committee notes revised.

References

Statutory References

Rule References