Florida Probate Rule 5.041

Service of Pleadings and Documents

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

  1. (a)
    Service. Unless the court orders otherwise, every petition or motion for an order determining rights of an interested person, and every other pleading or document filed in the particular proceeding which is the subject matter of such petition or motion, except applications for witness subpoenas, must be served on interested persons as set forth in Florida Rule of General Practice and Judicial Administration 2.516 unless these rules, the Florida Probate Code, or the Florida Guardianship Law provides otherwise.
  2. (b)
    Interested Persons. No service need be made on interested persons against whom a default has been entered, or against whom the matter may otherwise proceed ex parte, unless a new or additional right or demand is asserted. For purposes of this rule an interested person is deemed a party under rule 2.516.
  3. (c)
    Minors. If the interested person is a minor whose disabilities of nonage are not removed, and who is not represented by an attorney, then service must be on the persons designated to accept service of process on a minor under chapter 48, Florida Statutes.

Notes

Committee Notes

Derived from Florida Rule of Civil Procedure 1.080. Regulates the service of pleadings and documents in proceedings on petitions or motions for determination of rights. It is not applicable to every pleading and document served or filed in the administration of a guardianship or decedent’s estate.

Rule History
1984
New rule. Subdivision (c) is same as former rule 5.040(d).
1988
Committee notes revised. Citation form changes in committee notes.
1992
Editorial changes. Committee notes revised. Citation form changes in committee notes.
1996
Subdivision (b) amended to allow service to be made by facsimile. Committee notes revised.
2000
Subdivision (b) amended to clarify requirements for service of pleadings and papers. Subdivision (e) amended to clarify date of filing. Editorial changes in subdivision (f).
2003
Committee notes revised.
2005
Changes in subdivisions (b) and (f) to clarify service requirements, and editorial changes in (e).
2006
Committee notes revised.
2007
Provisions regarding service on a minor added in subdivision (b) in response to Cason ex rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005). Committee notes revised.
2008
Committee notes revised.
2010
Committee notes revised.
2012
Portions of subdivision (b) and all of subdivisions (d), (e), (f), and (g) deleted in response to creation of Rule 2.516 of the Rules of General Practice and Judicial Administration. Committee notes revised.
2016
Committee notes revised.
2026
Rule was divided into 3 subdivisions. Committee notes revised.

References

Statutory References

  • ch. 39, Fla. Stat. Proceedings relating to children. ch. 48, Fla. Stat. Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; time- sharing. ch. 63, Fla. Stat. Adoption.
  • § 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
  • § 731.201, Fla. Stat. General definitions.
  • § 731.301, Fla. Stat. Notice.
  • § 733.212, Fla. Stat. Notice of administration; filing of objections.
  • § 733.2123, Fla. Stat. Adjudication before issuance of letters.
  • § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. Disability of nonage of minors removed.
  • § 744.3085, Fla. Stat. Guardian advocates.
  • § 744.3201, Fla. Stat. Petition to determine incapacity.
  • § 744.331, Fla. Stat. Procedures to determine incapacity.
  • § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.
  • § 744.447, Fla. Stat. Petition for authorization to act. ch. 751, Fla. Stat. Temporary custody of minor children by extended family.

Rule References