Florida Probate Rule 5.170

Evidence

Text of the rules effective October 1, 2026.

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In proceedings under the Florida Probate Code and the Florida Guardianship Law the rules of evidence in civil actions are applicable unless specifically changed by the Florida Probate Code, the Florida Guardianship Law, or these rules.

Notes

Rule History
1977
New rule.
1984
To further clarify the intent of the rule to incorporate the provisions of the Florida Evidence Code (chapter 90, Florida Statutes) when not in conflict with the Florida Probate Code or Florida Guardianship Law, or rules applicable to these particular proceedings.
1992
Citation form changes in committee notes.
2003
Committee notes revised.

References

Statutory References

  • ch. 90, Fla. Stat. Florida Evidence Code.
  • § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence.

Commentary from Matt Weidner

Probate attorney, Weidner Law, St. Petersburg. Videos open in a player; articles open on WeidnerLaw.com.

The 3 Pain Points That Make Florida Probate So Hard

Florida probate fails when families are hit at the worst moment — grief, confusion, and hard deadlines all colliding. Attorney Weidner explains the three recurring pain points that destroy probate cases and what the rules require at each stage.