Florida Probate Rule 5.510
Establishment and Probate of Lost or Destroyed Will
Amended Oct. 1, 2026See what changed
- (a)Proceeding. The establishment and probate of a lost or destroyed will must be in 1 proceeding.
- (b)Petition. The petition, in addition to reciting information required under these rules for petition for administration, must include a statement of the facts constituting grounds on which relief is sought, and a statement of the contents of the will or, if available, a copy of the will.
- (c)Testimony. The testimony of each witness in the proceeding must be reduced to writing and filed and may be used as evidence in any contest of the will if the witness has died or moved from the state.
- (d)Notice. No lost or destroyed will may be admitted to probate unless formal notice has been given to those who, but for the will, would be entitled to the devised property.
- (e)Order. The order admitting the will to probate must state in full its terms and provisions.
Notes
Committee Notes
This rule represents a rule implementation of the procedure formerly found in section 733.207, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure.
Rule History
- 1977
- Editorial change in subdivision (c) of prior rule.
- 1984
- Extensive changes. Committee notes revised.
- 1988
- Rule rewritten to conform to statute. Committee notes expanded. Citation form change in committee notes.
- 1992
- Committee notes revised. Citation form change in committee notes.
- 2002
- Subdivision (d) added to implement procedure formerly found in section 733.207(3), Florida Statutes. Committee notes revised.
- 2003
- Committee notes revised.
- 2012
- Committee notes revised.
- 2026
- Committee notes revised.
References
Statutory Reference
- § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will.
Rule References
- Fla. Prob. R. 5.020 Pleadings; verification; motions.
- Fla. Prob. R. 5.025 Adversary proceedings.
- Fla. Prob. R. 5.040 Notice.
- Fla. Prob. R. 5.041 Service of pleadings and documents.
- Fla. Prob. R. 5.042 Time.
- Fla. Prob. R. 5.200 Petition for administration.
- Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service.
