Florida Probate Rule 5.670

Termination of Guardianship on Change of Domicile of Resident Ward

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

  1. (a)
    Petition for Discharge. The Florida guardian may file a petition for discharge when the domicile of a resident ward has changed to a foreign jurisdiction, the foreign court having jurisdiction over the ward at the ward’s new domicile has appointed a foreign guardian, and the foreign guardian has qualified and posted a bond in the amount required by the foreign court.
  2. (b)
    Contents of Petition. The petition for discharge must state:
    1. (1)
      that the grounds set forth in subdivision (a) have occurred;
    2. (2)
      that the guardian has fully administered the Florida guardianship; and
    3. (3)
      the amount of compensation to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian.
  3. (c)
    Final Report. The Florida guardian of the property must file a final report showing receipts, disbursements, amounts reserved for unpaid and anticipated costs and fees, and other relevant financial information from the date of the previous annual accounting, and a list of the assets to be turned over to the foreign guardian.
  4. (d)
    Notice. The Florida guardian of the property must publish a notice as required by law, that states:
    1. (1)
      the name of the ward;
    2. (2)
      the file number of the guardianship;
    3. (3)
      the designation and address of the court;
    4. (4)
      the name and address of the guardian and the guardian’s attorney;
    5. (5)
      the name and address of the foreign guardian and the foreign guardian’s attorney, if any;
    6. (6)
      the date of first publication;
    7. (7)
      that a petition for discharge has been filed upon the grounds of change of domicile of the ward;
    8. (8)
      the date the guardian will apply for discharge;
    9. (9)
      that the jurisdiction of the ward will be transferred to the foreign jurisdiction;
    10. (10)
      that any objection must be in writing and must state with particularity each item to which the objection is directed and the grounds on which the objection is based;
    11. (11)
      that any objection to the final report or the petition for discharge must be filed within the later of 30 days from the date of service of the petition for discharge or the date of first publication of the notice; and
    12. (12)
      that within 90 days after filing of the objection, a notice of hearing must be served or the objection is abandoned.
  5. (e)
    Service. The petition for discharge and of the notice of petition for discharge must be served on the foreign guardian and such other persons as the court may direct.
  6. (f)
    Objections. Objections must be in the form and be filed within the time set forth in the notice of petition for discharge. The objections must be served by the objector on the Florida guardian and the foreign guardian.
  7. (g)
    Disposition of Objections. Any interested person may set a hearing on the objections. Notice of the hearing must be served on the Florida guardian, the foreign guardian, and any other interested persons. If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections will be deemed abandoned.
  8. (h)
    Discharge. The Florida guardian may not be discharged until all objections have been withdrawn, abandoned, or judicially resolved. After all objections have been withdrawn, abandoned, or judicially resolved, if the court is satisfied that the Florida guardian has faithfully discharged the duties of the guardianship and the interests of the ward are protected, and the Florida guardian of the property has delivered the assets of the ward to the foreign guardian, the court must enter an order of discharge.

Notes

Rule History
1977
Change in committee notes to conform to statutory renumbering.
1984
Adds 30-day requirement for filing objections. Editorial changes and committee notes revised.
1988
Editorial change in (c). First and last sentences of (d) deleted and clarifying word added.
1989
Prior rule adopted as temporary emergency rule.
1991
Substantial revision of entire rule to harmonize with procedure for discharge of guardian under rule 5.680 and to conform to section 744.524, Florida Statutes.
1992
Committee notes revised. Citation form changes in committee notes.
2007
Subdivision (i) deleted because right of waiver is substantive. Committee notes revised.
2008
Committee notes revised.
2012
Committee notes revised.
2016
Updated statutory references. Committee notes revised.
2026
Committee notes revised.

References

Statutory References

Rule References