Florida Probate Rules

These rules govern the procedure in all probate and guardianship proceedings and will be known as the Florida Probate Rules and may be cited as Fla. Prob. R. Part I applies to all proceedings. Part II applies to probate alone, Part III applies to guardianship alone, Part IV applies to expedited judicial intervention concerning medical treatment procedures, and Part V provides forms. The Florida Rules of Civil Procedure apply only as provided in these rules.

(a) General. The definitions and rules of construction stated or referred to in sections 1.01 and 393.12, Florida Statutes, and chapters 731, 732, 733, 734, 735, 736, 738, 739, and 744, Florida Statutes, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules.
(b) Specific Definitions. When used in these rules
(1) “certified copy” means a copy of a document signed and verified as a true copy by the officer to whose custody the original, whether in paper or electronic form, is entrusted;
(2) “formal notice” means notice under rule 5.040(a);
(3) “informal notice” means notice under rule 5.040(b);
(4) “judge” means a judge of the circuit court, including any judge elected, appointed, substituted, or assigned to serve as judge of the court;
(5) “guardian advocate” means a person appointed for a person with a developmental disability pursuant to section 393.12, Florida Statutes;
(6) “guardian” means a person appointed pursuant to chapter 744, Florida Statutes, or a guardian advocate unless a rule indicates otherwise;
(7) “ward” means an individual for whom a guardian is appointed.

(a) Forms of Pleading. Pleadings shall be signed by the attorney of record, and by the pleader when required by these rules. All technical forms of pleadings are abolished. No defect of form impairs substantial rights, and no defect in the statement of jurisdictional facts actually existing renders any proceeding void.
(b) Petition. A petition shall contain a short and plain statement of the relief sought, the grounds therefor, and the jurisdiction of the court where the jurisdiction has not already been shown.
(c) Motions. Any other application to the court for an order shall be by written motion, unless made orally during a hearing or trial. The motion shall state with particularity the grounds therefor and shall set forth the relief or order sought.
(d) Rehearing. A motion for rehearing of any order or judgment shall be served not later than 15 days after the date of filing the order or judgment with the clerk as shown on the face of the order or judgment.

(e) Verification. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.”

(a) Specific Adversary Proceedings. The following proceedings are adversary proceedings unless otherwise ordered by the court:
(1) to remove or surcharge a personal representative;
(2) to remove or surcharge a guardian;
(3) to obtain an injunction or temporary injunction under section 825.1035, Florida Statutes;
(4) to probate a lost or destroyed will, or laterdiscovered will;

(5) to determine beneficiaries;
(6) to contest the validity of a will;
(7) for revocation of probate of a will;
(8) to construe, reform, or modify a will;
(9) to cancel a devise;
(10) to partition property for the purposes of distribution;
(11) to determine pretermitted status or pretermitted share;
(12) to determine amount of elective share; and
(13) to determine elective share contribution.
(b) Declared Adversary Proceedings. Other proceedings may be declared adversary by service on interested persons of a separate declaration that the proceeding is adversary.
(1) If served by the petitioner, the declaration must be served with the petition to which it relates.
(2) If served by the respondent, the declaration and a written response to the petition must be served at the earlier of:
(A) within 20 days after service of the petition, or
(B) before the hearing date on the petition.
(3) When the declaration is served by a respondent, the petitioner must promptly serve formal notice on all other interested persons.
(c) Adversary Status by Order. The court may determine any proceeding to be an adversary proceeding at any time.

(d) Notice and Procedure in Adversary Proceedings.
(1) Petitioner must serve formal notice, except as provided in proceedings under section 825.1035, Florida Statutes.
(2) After service of formal notice, the proceedings, as nearly as practicable, must be conducted similar to suits of a civil nature, including entry of defaults. The Florida Rules of Civil Procedure govern, except for rule 1.525.
(3) The court on its motion or on motion of any interested person may enter orders to avoid undue delay in the main administration.
(4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary, it must thereafter be conducted as an adversary proceeding. The order must require interested persons to serve written defenses, if any, within 20 days from the date of the order. It is not necessary to reserve the petition except as ordered by the court.
(5) When the proceedings are adversary, the caption of subsequent pleadings, as an extension of the probate caption, must include the name of the first petitioner and the name of the first respondent.

(a) Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. A guardian or personal representative who is an attorney admitted to practice in Florida may represent himself or herself as guardian or personal representative. A guardian advocate is not required to be represented by an attorney unless otherwise required by law or the court.
(b) Limited Appearance without Court Order. An attorney of record for an interested person in a proceeding governed by these rules shall be the attorney of record in all other proceedings in the administration of the same estate or guardianship, except service of process in an independent action on a claim, unless at the time of appearance the attorney files a notice specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears. At the conclusion of that proceeding or matter, the attorney’s role terminates upon the attorney filing notice of completion of limited appearance and serving a copy on the client and other interested persons.
(c) Withdrawal or Limited Appearance with Court Order. An attorney of record may withdraw or limit the attorney’s appearance with approval of the court, after filing a motion setting forth the reasons and serving a copy on the client and other interested persons.

(a) Formal Notice.
(1) Procedure for Formal Notice. When formal notice is given, a copy of the pleading or motion must be served on interested persons, together with a notice requiring the person served to serve written defenses on the person giving notice within 20 days after service of the notice, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service or immediately after service, and notifying the person served that failure to serve written defenses as required may result in a judgment or order for the relief demanded in the pleading or motion, without further notice.

(2) Effect of Service of Formal Notice. After service of formal notice, informal notice of any hearing on the pleading or motion must be served on interested persons, provided that if no written defense is served within 20 days after service of formal notice on an interested person, the pleading or motion may be considered ex parte as to that person, unless the court orders otherwise.
(3) Manner of Service of Formal Notice.
(A) If an attorney has appeared for the interested person under the Florida Rules of General Practice and Judicial Administration or the Florida Probate Rules, formal notice must be served on the person by delivery to the attorney in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.516.
(B) If an attorney has not appeared for the interested person under the Florida Rules of General Practice and Judicial Administration or the Florida Probate Rules, formal notice must be served in the following manner:
(i) by sending a copy by any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt;
(ii) as provided in the Florida Rules of Civil Procedure for service of process;
(iii) as otherwise provided by Florida law for service of process; or
(iv) by first-class mail when only in rem or quasi in rem relief is sought against a person if: a. registered or certified mail service to the addressee requiring a signed receipt is unavailable and if delivery by commercial delivery service requiring a signed receipt is also unavailable;

b. delivery under subdivision (a)(3)(B)(i) is attempted and is refused by the addressee; or c. delivery under subdivision (a)(3)(B)(i) is attempted and is unclaimed after notice to the addressee by the delivering entity.
(4) Persons to be Served. Service of formal notice under
(a)(3)(B)(i) and (a)(3)(B)(iv) must be made on the following:
(A) service on an interested person who has filed a request for notice must be made by delivery to the interested person at the address given in the request for notice;
(B) service on an incapacitated person or a person with a developmental disability must be made by delivery:
(i) to the person at the person’s usual place of abode; and
(ii) to the person’s legal guardian at the legal guardian’s usual place of abode or regular place of business or, if the person does not have a legal guardian, to the person having care or custody of the person at the person’s usual place of abode or regular place of business;
(C) service on a minor whose disabilities of nonage are not removed must be made by delivery to the persons designated to accept service of process on a minor under chapter 48, Florida Statutes, at the minor’s usual place of abode or regular place of business;
(D) service on any other individual must be made by delivery to the individual at the individual’s usual place of abode or to any person authorized to receive service of a summons on behalf of the individual as provided in chapter 48, Florida Statutes; or

(E) service on a corporation or other business entity must be made by delivery to the corporation or other business entity as provided in chapter 48, Florida Statutes.
(5) Completion of Service. Service of formal notice under subdivision (a)(3)(B)(i) will be complete on receipt by the person to whom delivery is made. Service of formal notice under subdivision
(a)(3)(B)(ii) will be complete as provided in the Florida Rules of Civil Procedure for service of process. Service of formal notice under subdivision (a)(3)(B)(iii) will be complete as provided by Florida law for service of process. Service of formal notice under subdivision
(a)(3)(B)(iv) will be complete upon mailing.
(6) Proof of Service. Proof of service under subdivision
(a)(3)(B) must be by verified statement of the person serving formal notice and there must be attached to the verified statement the receipt signed by the person to whom delivery was made or other evidence satisfactory to the court that delivery was made. If service is obtained under subdivision (a)(3)(B)(iv), the verified statement must state the basis for service by first-class mail, the date of mailing, and the address to which the first-class mail was sent, and evidence of delivery is not required. Proof of service under subdivisions (a)(3)(B)(ii) or (a)(3)(B)(iii) must be made as provided by Florida law for service of process.
(b) Informal Notice. When informal notice of a petition or other proceeding is required or permitted, it must be served as provided in rule 5.041.
(c) “Notice” Defined. In these rules, the Florida Probate Code, and the Florida Guardianship Law “notice” means informal notice unless formal notice is specified.
(d) Formal Notice Optional. Formal notice may be given instead of informal notice at the option of the person giving notice unless the court orders otherwise. When formal notice is given instead of informal notice, formal notice must be given to all interested persons entitled to notice. When formal notice is given

instead of informal notice, that notice does not modify any time period otherwise specified by statute or these rules.
(e) In the Manner Provided for Service of Formal Notice. If a document is served in the manner provided for service of formal notice under subdivision (a)(3)(B), service is completed as provided in subdivision (a)(5) and proof of service must be in the manner set forth in subdivision (a)(6).

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, shall 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. 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 shall be deemed a party under rule 2.516. If the interested person is a minor whose disabilities of nonage are not removed, and who is not represented by an attorney, then service shall be on the persons designated to accept service of process on a minor under chapter 48, Florida Statutes.

(a) Computation. Computation of time shall be governed by Florida Rule of General Practice and Judicial Administration 2.514.
(b) Enlargement. When an act is required or allowed to be done at or within a specified time by these rules, by order of court, or by notice given thereunder, for cause shown the court at any time in its discretion
(1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
(2) on motion made and notice, after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect. The court under this rule may not extend the time for serving a motion for rehearing or enlarge any period of time governed by the Florida Rules of Appellate Procedure.
(c) Service for Hearings. A copy of any written petition or motion which may not be heard ex parte and a copy of the notice of the hearing thereon shall be served a reasonable time before the time specified for the hearing.
(d) Additional Time After Service by Mail or E-mail. Florida Rule of General Practice and Judicial Administration 2.514(b) shall apply to the computation of time following service, except for documents served by formal notice or in the manner provided for service of formal notice.

Notwithstanding any rule to the contrary, and unless the court orders otherwise, any original executed will or codicil, including but not limited to an electronic will, deposited with the court must be retained by the clerk in its original form and must not be destroyed or disposed of by the clerk for 20 years after submission regardless of whether the will or codicil has been permanently recorded as defined by Florida Rule of General Practice and Judicial Administration 2.430.

(a) Incorrect Venue. When any proceeding is filed laying venue in the wrong county, the court may transfer the proceeding in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected because of the improper venue.
(b) Change of Residence of Ward. When the residence of a ward is changed to another county, the guardian of the person or the guardian advocate shall have the venue of the guardianship changed to the county of the acquired residence.

(a) Request. Any interested person who desires notice of proceedings in the estate of a decedent or ward may file a separate written request for notice of further proceedings, designating therein such person’s residence and post office address. When such person’s residence or post office address changes, a new designation of such change shall be filed in the proceedings. A person filing such request, or address change, must serve a copy on the attorney for the personal representative or guardian, and include a certificate of service.
(b) Notice and Copies. A party filing a request shall be served thereafter by the moving party with notice of further proceedings and with copies of subsequent pleadings and documents as long as the party is an interested person.

(a) Civil Action. A personal representative and a guardian shall file a notice when a civil action has been instituted by or against the personal representative or the guardian. The notice shall contain:
(1) the names of the parties;
(2) the style of the court and the case number;
(3) the county and state where the proceeding is pending;
(4) the date of commencement of the proceeding; and
(5) a brief statement of the nature of the proceeding.
(b) Ancillary Administration. The domiciliary personal representative shall file a notice when an ancillary administration has commenced, which notice shall contain:
(1) the name and residence address of the ancillary personal representative; and
(2) the information required in subdivisions (a)(2), (3), and (4) above.

(c) Copies Exhibited. A copy of the initial pleading may be attached to the notice. To the extent an attached initial pleading states the required information, the notice need not restate it.

(a) Adoption of Civil Rules. The following Florida Rules of Civil Procedure shall apply in all probate and guardianship proceedings:
(1) Rule 1.280, general provisions governing discovery.

(2) Rule 1.290, depositions before action or pending appeal.
(3) Rule 1.300, persons before whom depositions may be taken.
(4) Rule 1.310, depositions upon oral examination.
(5) Rule 1.320, depositions upon written questions.
(6) Rule 1.330, use of depositions in court proceedings.
(7) Rule 1.340, interrogatories to parties.
(8) Rule 1.350, production of documents and things and entry upon land for inspection and other purposes.
(9) Rule 1.351, production of documents and things without deposition.
(10) Rule 1.360, examination of persons.
(11) Rule 1.370, requests for admission.
(12) Rule 1.380, failure to make discovery; sanctions.
(13) Rule 1.390, depositions of expert witnesses.
(14) Rule 1.410, subpoena.
(b) Limitations and Costs. In order to conserve the assets of the estate, the court has broad discretion to limit the scope and the place and manner of the discovery and to assess the costs, including attorneys’ fees, of the discovery against the party making it or against 1 or more of the beneficiaries of the estate or against the ward in such proportions as the court determines, considering, among other factors, the benefit derived therefrom.
(c) Application. It is not necessary to have an adversary proceeding under rule 5.025 to utilize the rules adopted in

subdivision (a) above. Any interested person may utilize the rules adopted in subdivision (a).

(a) General Magistrates. The court may appoint general magistrates as the court finds necessary. General magistrates shall be members of The Florida Bar and shall continue in office until removed by the court. The order making an appointment shall be recorded. Each general magistrate shall take the oath required of officers by the Florida Constitution. The oath shall be recorded before the magistrate begins to act.
(b) Special Magistrates. The court may appoint members of The Florida Bar as special magistrates for any particular service required by the court. Special magistrates shall be governed by all laws and rules relating to general magistrates, except special magistrates shall not be required to make oath unless specifically required by the court. For good cause shown, the court may appoint a person other than a member of The Florida Bar as a special magistrate.

(c) Reference. No referral shall be made to a magistrate without the consent of the parties. When a referral is made to a magistrate, either party may set the action for hearing before the magistrate.
(d) General Powers and Duties. Every magistrate shall act under the direction of the court. Process issued by a magistrate shall be directed as provided by law. All grounds for disqualification of a judge shall apply to magistrates.
(e) Bond. When not otherwise provided by law, the court may require magistrates who are appointed to dispose of real or personal property to give bond and surety conditioned for the proper payment of all money that may come into their hands and for the due performance of their duties. The bond shall be made payable to the State of Florida and shall be for the benefit of all persons aggrieved by any act of the magistrate.
(f) Hearings. Hearings before any magistrate may be held in the county where the action is pending or at any other place by order of the court for the convenience of the witnesses or the parties. The magistrate shall assign a time and place for proceedings as soon as reasonably possible after a referral is made and give notice to all parties. If any party fails to appear, the magistrate may proceed ex parte or may continue the hearing to a future day, with notice to the absent party. The magistrate shall proceed with reasonable diligence and the least practicable delay. Any party may apply to the court for an order directing the magistrate to accelerate the proceedings and to make a report promptly. Evidence shall be taken in writing or by electronic recording by the magistrate or by some other person under the magistrate’s authority in the magistrate’s presence and shall be filed with the magistrate’s report. The magistrate may examine and take testimony from the parties and their witnesses under oath on all matters contained in the referral and may require production of all books, papers, writings, vouchers, and other documents applicable to those matters. The magistrate shall admit only evidence that would be admissible in court. The magistrate may

take all actions concerning evidence that may be taken by the court. All parties accounting before a magistrate shall bring in their accounts in the form of accounts payable and receivable, and any other parties who are not satisfied with the account may examine the accounting party orally or by interrogatories or deposition as the magistrate directs. All depositions and documents that have been taken or used previously in the action may be used before the magistrate.
(g) Magistrate’s Report. The magistrate’s report shall contain a description of the matters considered and the magistrate’s conclusion and any recommendations. No part of any statement of facts, account, charge, deposition, examination, or answer used before the magistrate shall be recited.
(h) Filing Report; Notice; Exceptions. The magistrate shall file the report and serve copies on the parties. The parties may serve exceptions to the report within 10 days from the time it is served on them. If no exceptions are filed within that period, the court shall take appropriate action on the report. All timely filed exceptions shall be heard on reasonable notice by either party.
(i) Application of Rule. This rule shall not apply to the appointment of magistrates for the specific purpose of reviewing guardianship inventories, accountings, and plans as otherwise governed by law and these rules.

Appeal of final orders and discretionary appellate review of non-final orders are governed by the Florida Rules of Appellate Procedure.

(a) Address Designation of Personal Representative or Guardian. Before letters are issued, the personal representative or guardian must file a designation of street address, and mailing address. If the personal representative or guardian is an individual, the designation must also include the individual’s residence address. The personal representative or guardian must notify the court of any change in its residence address, street address, or mailing address within 20 days of the change.
(b) Designation of Resident Agent. Before letters are issued, a personal representative or guardian must file a designation of resident agent for service of process or notice, and the acceptance by the resident agent. A designation of resident agent is not required if a personal representative or guardian is (1) a corporate fiduciary having an office in Florida, or (2) a Florida Bar member who is a resident of and has an office in Florida. The designation must contain the name, street address, and mailing address of the resident agent. If the resident agent is an individual who is not an attorney, the designation must also include the individual’s residence address.
(c) Residency Requirement. A resident agent, other than a member of The Florida Bar who is a resident of Florida, must be a resident of the county where the proceedings are pending.
(d) Acceptance by Resident Agent. The resident agent must sign a written acceptance of designation.

(e) Incorporation in Other Pleadings. The designation of the address of the personal representative or guardian, the designation of resident agent, or acceptance may be incorporated in the petition for administration, the petition for appointment of guardian, or the personal representative’s or guardian’s oath.
(f) Effect of Designation and Acceptance. The designation of and acceptance by the resident agent shall constitute consent to service of process or notice on the agent and shall be sufficient to bind the personal representative or guardian:
(1) in its representative capacity in any action; and
(2) in its personal capacity only in those actions in which the personal representative or guardian is sued personally for claims arising from the administration of the estate or guardianship.
(g) Successor Agent. If the resident agent dies, resigns, or is unable to act for any other reason, the personal representative or guardian must appoint a successor agent within 10 days after receiving notice that such event has occurred.

(a) Appointment. When it is necessary that the estate of a decedent or a ward be represented in any probate or guardianship proceeding and there is no personal representative of the estate or guardian of the ward, or the personal representative or guardian is

or may be interested adversely to the estate or ward, or is enforcing the personal representative’s or guardian’s own debt or claim against the estate or ward, or the necessity arises otherwise, the court may appoint an administrator ad litem or a guardian ad litem, as the case may be, without bond or notice for that particular proceeding. At any point in a proceeding, a court may appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, a person with a developmental disability, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. The administrator ad litem or guardian ad litem shall file an oath to discharge all duties faithfully and upon the filing shall be qualified to act. No process need be served upon the administrator ad litem or guardian ad litem, but such person shall appear and defend as directed by the court.
(b) Petition. The petition for appointment of a guardian ad litem shall state to the best of petitioner’s information and belief:
(1) the initials and residence address of each minor, person with a developmental disability, or incapacitated person and year of birth of each minor who has an interest in the proceedings;
(2) the name and address of any guardian appointed for each minor, person with a developmental disability, or incapacitated person;
(3) the name and residence address of any living natural guardians or living natural guardian having legal custody of each minor, person with a developmental disability, or incapacitated person;
(4) a description of the interest in the proceedings of each minor, person with a developmental disability, or incapacitated person; and

(5) the facts showing the necessity for the appointment of a guardian ad litem.
(c) Notice. Within 10 days after appointment, the petitioner shall serve conformed copies of the petition for appointment of a guardian ad litem and order to any guardian, or if there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person.
(d) Report. The guardian ad litem shall serve conformed copies of any written report or finding of the guardian ad litem’s investigation and answer filed in the proceedings, petition for compensation and discharge, and the notice of hearing on the petition to any guardian, or in the event that there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person.
(e) Service of Petition and Order. Within 10 days after appointment, the petitioner for an administrator ad litem shall serve conformed copies of the petition for appointment and order to the attorney of record of each beneficiary and to each known beneficiary not represented by an attorney of record.
(f) Enforcement of Judgments. When an administrator ad litem or guardian ad litem recovers any judgment or other relief, it shall be enforced as other judgments. Execution shall issue in favor of the administrator ad litem or guardian ad litem for the use of the estate or ward and the money collected shall be paid to the personal representative or guardian, or as otherwise ordered by the court.
(g) Claim of Personal Representative. The fact that the personal representative is seeking reimbursement for claims against the decedent paid by the personal representative does not require appointment of an administrator ad litem.

(a) Petition for Appointment. The petition for appointment of a curator shall be verified and shall contain:

(1) the petitioner’s name, address, and interest, if any, in the estate;
(2) the decedent’s name, address, date and place of death, and state and county of domicile;
(3) the names and addresses of the persons apparently entitled to letters of administration and any known beneficiaries;
(4) the nature and approximate value of the assets;
(5) a statement showing venue;
(6) a statement as to why a curator should be appointed; and
(7) the name and address of any proposed curator. The court may appoint a curator sua sponte.
(b) Appointment. Before letters of curatorship are issued, the curator shall file a designation of resident agent and acceptance, and an oath, as is required for personal representatives under these rules. The court shall issue letters of curatorship that shall entitle the curator to possess or control the decedent’s property, which the court may enforce through contempt proceedings.
(c) Notice. Formal notice shall be given to the person apparently entitled to letters, if any. If it is likely that the decedent’s property will be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without notice.
(d) Powers. By order, the court may authorize the curator to perform any duty or function of a personal representative, including publication and service of notice to creditors, or if a will has been admitted, service of notice of administration.

(e) Inventory and Accounting. The curator shall file an inventory within 30 days after issuance of letters of curatorship. When the personal representative is appointed, the curator shall account for and deliver all estate assets in the curator’s possession to the personal representative within 30 days after issuance of letters of administration.
(f) Petition to Reconsider. If a curator has been appointed without notice, any interested party who did not receive notice may, at any time, petition to reconsider the appointment.
(g) Subject to Other Provisions. Curators shall be subject to the provisions of these rules and other applicable law concerning personal representatives.

(a) Accountings Required by Statute. When any personal representative or guardian fails to file an accounting or return required by statute or rule, the court on its own motion or on the petition of an interested person shall order the personal representative or guardian to file the accounting or return within 15 days from the service on the personal representative or guardian of the order, or show cause why he or she should not be compelled to do so.
(b) Accountings Not Required by Statute. On the petition of an interested person, or on its own motion, the court may require the personal representative or guardian to file an accounting or return not otherwise required by statute or rule. The order requiring an accounting or return shall order the personal representative or guardian to file the accounting or return within a specified time from service on the personal representative or guardian of the order, or show cause why he or she should not be compelled to do so.
(c) Service. A copy of the order shall be served on the personal representative or guardian and the personal representative’s or guardian’s attorney.

On the petition of an interested person, or on its own motion, the court may require any personal representative or guardian to produce satisfactory evidence that the assets of the estate are in the possession or under the control of the personal representative or guardian and may order production of the assets in the manner and for the purposes directed by the court.

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.

In a proceeding under these rules, the following shall apply:
(a) Death Certificate. An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred or by an official or agency of the United States is prima facie proof of the fact, place, date, and time of death and the identity of the decedent.
(b) Other Records. A copy of any record or report of a governmental agency, domestic or foreign, that a person is dead, alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status, dates, circumstances, and places disclosed by the record or report.
(c) Extended Absence. A person who is absent from the place of that person’s last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed dead. The person’s death is presumed to have occurred at the end of the period unless there is evidence establishing that death occurred earlier.

(a) Manner of Execution. A waiver or consent as authorized by law shall be in writing and signed by the person executing the waiver or consent.
(b) Contents. The waiver or consent shall state:

(1) the person’s interest in the subject of the waiver or consent;
(2) if the person is signing in a fiduciary or representative capacity, the nature of the capacity;
(3) expressly what is being waived or consented to; and
(4) if the waiver pertains to compensation, language declaring that the waiving party has actual knowledge of the amount and manner of determining the compensation and, in addition, either:
(A) that the party has agreed to the amount and manner of determining that compensation and waives any objection to payment; or
(B) that the party has the right to petition the court to determine the compensation and waives that right.
(c) Filing. The waiver or consent shall be filed.

The petition for administration shall be verified by the petitioner and shall contain:
(a) a statement of the interest of the petitioner, the petitioner’s name and address, and the name and office address of the petitioner’s attorney;
(b) the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile;

(c) so far as is known, the names and addresses of the surviving spouse, if any, the beneficiaries and their relationship to the decedent and the year of birth of any beneficiaries who are minors;
(d) a statement showing venue;
(e) the priority, under section 733.301, Florida Statutes, of the person whose appointment as the personal representative is sought, whether or not any other person has equal or higher preference, and if so, their name and whether they will be served with formal notice, and a statement that the person is qualified to serve under the laws of Florida;
(f) a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters;
(g) a statement of the approximate value and nature of the assets;
(h) in an intestate estate, a statement that after the exercise of reasonable diligence the petitioner is unaware of any unrevoked wills or codicils, or if the petitioner is aware of any unrevoked wills or codicils, a statement why the wills or codicils are not being probated;
(i) in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that the petitioner is unaware of any other unrevoked wills or codicils or, if the petitioner is aware of any other unrevoked wills or codicils, a statement why the other wills or codicils are not being probated;
(j) in a testate estate, a statement that the original of the decedent’s last will is in the possession of the court or accompanies the petition, or that an authenticated copy of a will deposited with or probated in another jurisdiction or that an authenticated copy of

a notarial will, the original of which is in the possession of a foreign notary, accompanies the petition; and
(k) a statement that the personal representative seeking appointment is qualified to serve under the laws of Florida as a business entity under section 733.305, Florida Statutes, or, if an individual, that the person is qualified to serve under the laws of Florida, including:
(1) whether the person has been convicted of a felony;
(2) whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section 825.101, Florida Statutes;
(3) that the person is mentally and physically able to perform the duties of a personal representative;
(4) that the person is 18 years of age or older; and
(5) whether the person is a resident of Florida and, if not a resident, a statement of the person’s relationship to the decedent in accordance with section 733.304, Florida Statutes.

(a) Petitioner Entitled to Preference of Appointment. Except as may otherwise be required by these rules or the Florida Probate Code, no notice need be given of the petition for administration or the issuance of letters when it appears that the petitioner is entitled to a preference of appointment as personal representative.
(b) Petitioner Not Entitled to Preference. Before letters shall be issued to any person who is not entitled to preference, formal notice must be served on all known persons qualified to act as personal representative and entitled to preference equal to or greater than the applicant, unless those entitled to preference waive it in writing.
(c) Service of Petition by Formal Notice. If the petitioner elects or is required to serve formal notice of the petition for administration prior to the issuance of letters, a copy of the will offered for probate must be attached to the notice.

(a) Requirements for Filing. A copy of an official record of the death of a decedent shall be filed by the personal representative, if any, or the petitioner in each of the following proceedings and at the times specified:
(1) Administration of decedent’s estate: not later than 3 months following the date of the first publication of the notice to creditors.
(2) Ancillary proceedings: not later than 3 months following the date of first publication of notice to creditors.

(3) Summary administration: at any time prior to entry of the order of summary administration.
(4) Disposition without administration: at the time of filing the application for disposition without administration.
(5) Determination of beneficiaries: at any time prior to entry of the final judgment determining beneficiaries.
(6) Determination of protected homestead: at any time prior to entry of the final judgment determining protected homestead status of real property.
(7) Probate of will without administration: at any time prior to entry of the order admitting will to probate.
(b) Waiver. On verified petition by the personal representative, if any, or the petitioner the court may enter an order dispensing with this rule, without notice or hearing.
(c) Authority to Require Filing. The court may, without notice or hearing, enter an order requiring the personal representative, if any, or the petitioner to file a copy of an official record of death at any time during the proceedings.

(a) Petition and Contents. A petition to admit a decedent’s will to probate without administration shall be verified by the petitioner and shall contain:
(1) a statement of the interest of the petitioner, the petitioner’s name and address, and the name and office address of the petitioner’s attorney;
(2) the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile;
(3) so far as is known, the names and addresses of the surviving spouse, if any, the beneficiaries and their relationships to the decedent, and the name and year of birth of any who are minors;
(4) a statement showing venue;
(5) a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters;
(6) a statement that there are no assets subject to administration in Florida;
(7) a statement identifying all unrevoked wills and codicils being presented for probate and a statement that the petitioner is unaware of any other unrevoked wills or codicils or, if the petitioner is aware of any other unrevoked wills or codicils, a statement why the other wills or codicils are not being probated; and

(8) a statement that the original of the decedent’s last will is in the possession of the court or accompanies the petition, or that an authenticated copy of a will deposited with or probated in another jurisdiction or that an authenticated copy of a notarial will, the original of which is in the possession of a foreign notary, accompanies the petition.
(b) Service. The petitioner shall serve a copy of the petition on those persons who would be entitled to service under rule 5.240.
(c) Objections. Objections to the validity of the will shall follow the form and procedure set forth in these rules pertaining to revocation of probate. Objections to the venue or jurisdiction of the court shall follow the form and procedure set forth in the Florida Rules of Civil Procedure.
(d) Order. An order admitting the will to probate shall include a finding that the will has been executed as required by law.

An authenticated copy of a will may be admitted to probate if the original could be admitted to probate in Florida.

A will written in a foreign language being offered for probate shall be accompanied by a true and complete English translation. In the order admitting the foreign language will to probate, the court shall establish the correct English translation. At any time during administration, any interested person may have the correctness of the translation redetermined after formal notice to all other interested persons.

(a) Petition. On petition the court may appoint a commissioner to take the oath of any person qualified to prove the will under Florida law. The petition must set forth the date of the will and the place where it was executed, if known; the names of the

witnesses and address of the witness whose oath is to be taken; and the name, title, and address of the proposed commissioner.
(b) Commission. The commission must be directed to a person who is authorized to administer an oath by the laws of Florida, the United States of America, or the state or country where the witness may be found, and it shall empower the commissioner to take the oath of the witness to prove the will and shall direct the commissioner to certify the oath and file the executed commission, copy of the will, oath of the witness, and certificate of commissioner. An oath of the commissioner is not required.
(c) Mailing or Delivery. The petitioner or the petitioner’s attorney must cause the commission, together with a copy of the will, the oath, and the certificate of commissioner, to be mailed or delivered to the commissioner.
(d) Filing. The executed commission, copy of the will, oath of the witness, and certificate of commissioner must be filed.

(a) Appointment of Personal Representative. After the petition for administration is filed and the will, if any, is admitted to probate:
(1) the court shall appoint the person entitled and qualified to be personal representative;
(2) the court shall determine the amount of any bond required. The clerk may approve the bond in the amount determined by the court; and
(3) any required oath or designation of, and acceptance by, a resident agent shall be filed.
(b) Issuance of Letters. Upon compliance with all of the foregoing, letters shall be issued to the personal representative.
(c) Bond. On petition by any interested person or on the court’s own motion, the court may waive the requirement of filing a bond, require a personal representative or curator to give bond, increase or decrease the bond, or require additional surety.

(a) Service. The personal representative must promptly serve the notice of administration on the following persons who are known to the personal representative and who were not previously served under section 733.2123, Florida Statutes:
(1) the decedent’s surviving spouse;
(2) all beneficiaries;

(3) a trustee of any trust described in section 733.707(3), Florida Statutes, and each qualified beneficiary of the trust as defined in section 736.0103, Florida Statutes, if each trustee is also a personal representative of the estate; and
(4) persons who may be entitled to exempt property in the manner provided for service of formal notice. The personal representative may similarly serve a copy of the notice on any devisee under another will or heirs or others who claim or may claim an interest in the estate.
(b) Contents. The notice must state:
(1) the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, whether the estate is testate or intestate, and, if testate, the date of the will and any codicils;
(2) the name and address of the personal representative and the name and address of the personal representative’s attorney, and that the fiduciary lawyer-client privilege in section 90.5021, Florida Statutes, applies with respect to the personal representative and any attorney employed by the personal representative;
(3) that any interested person on whom a copy of the notice of administration is served must file, on or before the date that is 3 months after the date of service of the notice of administration on that person any objection that challenges the validity of the will, the venue, or the jurisdiction of the court. The 3month time period may only be extended for estoppel based on a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of

the personal representative, or 1 year after service of the notice of administration;
(4) the persons who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceedings involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property;
(5) that an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of the notice of administration on the surviving spouse, an agent under chapter 709, Florida Statutes, or a guardian of the property of the surviving spouse; or the date that is 2 years after the date of the decedent’s death;
(6) that, under certain circumstances and by failing to contest the will, the recipient of the notice of administration may be waiving the recipient’s right to contest the validity of a trust or other writing incorporated by reference into a will; and
(7) that the personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in sections 732.216732.228, Florida Statutes, applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under section 732.2211, Florida Statutes. The written demand must be filed with the clerk.
(c) Copy of Will. Unless the court directs otherwise, the personal representative of a testate estate must, on written request,

furnish a copy of the will and all codicils admitted to probate to any person on whom the notice of administration was served.
(d) Objections. Objections to the validity of the will must follow the form and procedure set forth in these rules pertaining to revocation of probate. Objections to the venue or jurisdiction of the court must follow the form and procedure set forth in the Florida Rules of Civil Procedure.
(e) Waiver of Service. For the purpose of determining deadlines established by reference to the date of service of the notice of administration in cases in which service has been waived, service on a person who has waived notice is deemed to occur on the date the waiver is filed.

(a) Publication and Service. Unless creditors’ claims are otherwise barred by law, the personal representative must promptly publish a notice to creditors and serve the notice on all creditors of the decedent who are reasonably ascertainable and, if required by law, on the Agency for Health Care Administration. Service of the notice must be either by informal notice, or in the manner provided for service of formal notice at the option of the personal

representative. Service on one creditor by a chosen method will not preclude service on another creditor by another method.
(b) Contents.
(1) The notice to creditors must contain the name of the decedent, the file number of the estate, the designation and address of the court, the name and address of the personal representative and of the personal representative’s attorney, and the date of first publication of the notice to creditors. The notice requires all creditors to file all claims against the estate with the court, within the time provided by law.
(2) The notice must state that the personal representative or curator has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in sections 732.216-732.228, Florida Statutes, applies, or may apply, unless a written demand is made by a creditor as specified under section 732.2211, Florida Statutes. The written demand must be filed with the clerk.
(c) Method of Publication and Proof. Publication must be made as required by law. The personal representative must file proof of publication with the court within 45 days after the date of first publication of the notice to creditors.
(d) Statement Regarding Creditors. Within 4 months after the date of the first publication of notice to creditors, the personal representative must file a verified statement that diligent search has been made to ascertain the name and address of each person having a claim against the estate. The statement must indicate the name and address of each person at that time known to the personal representative who has or may have a claim against the estate and whether such person was served with the notice to creditors or otherwise received actual notice of the information contained in the notice to creditors, provided that the statement

need not include persons who have filed a timely claim or who were included in the personal representative’s proof of claim.
(e) Service of Death Certificate. If service of the notice on the Agency for Health Care Administration is required, it must be accompanied by a copy of the death certificate.

(a) Filing. Any creditor or interested person other than a creditor may file a caveat with the court. The caveat of an interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person’s death.
(b) Contents. The caveat shall contain the name of the person for whom the estate will be, or is being, administered, the last 4 digits of the person’s social security number or year of birth, if known, a statement of the interest of the caveator in the estate, and the name and specific mailing address of the caveator.
(c) Resident Agent of Caveator; Service. If the caveator is not a resident of Florida, the caveator must file a designation of the name and specific mailing address and residence address of a resident in the county where the caveat is filed as the caveator’s agent for service of notice. The written acceptance by the person appointed as resident agent must be filed with the designation or included in the caveat. The designation and acceptance shall constitute the consent of the caveator that service of notice upon the designated resident agent shall bind the caveator. If the caveator is represented by an attorney admitted to practice in Florida who signs the caveat, it shall not be necessary to designate a resident agent under this rule.

(d) Filing After Commencement. If at the time of the filing of any caveat the decedent’s will has been admitted to probate or letters of administration have been issued, the clerk must promptly notify the caveator in writing of the date of issuance of letters and the names and addresses of the personal representative and the personal representative’s attorney.
(e) Creditor. When letters of administration issue after the filing of a caveat by a creditor, the clerk must promptly notify the caveator, in writing, advising the caveator of the date of issuance of letters and the names and addresses of the personal representative and the personal representative’s attorney, unless notice has previously been served on the caveator. A copy of any notice given by the clerk, together with a certificate of the mailing of the original notice, must be filed in the estate proceedings.
(f) Other Interested Persons; Before Commencement. After the filing of a caveat by an interested person other than a creditor, the court must not admit a will of the decedent to probate or appoint a personal representative without service of formal notice on the caveator or the caveator’s designated agent. A caveator is not required to be served with formal notice of its own petition for administration.

(a) Petition and Contents. A petition for revocation of probate shall state the interest of the petitioner in the estate and the facts constituting the grounds on which revocation is demanded.
(b) Continued Administration. Pending the determination of any issue for revocation of probate, the personal representative shall proceed with the administration of the estate as if no revocation proceeding had been commenced, except that no distribution may be made to beneficiaries in contravention of the rights of those who, but for the will, would be entitled to the property disposed of.

(a) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation sought.
(b) In any transaction or event to which the presumption of undue influence applies, the presumption shifts the burden of proof under sections 90.301–90.304, Florida Statutes.

Any time a personal representative who was qualified to act at the time of appointment, knows that he or she would not be qualified for appointment if application for appointment were then made, the personal representative shall promptly file and serve on all interested persons a notice stating:
(a) the reason(s) the personal representative would not be qualified for appointment if application for appointment were then made and the date on which the disqualifying event occurred; and
(b) that any interested person may file a petition to remove the personal representative within 30 days after the date on which such notice is served.

Before the granting of letters of administration, the prospective personal representative must file an oath to faithfully administer the estate of the decedent.
(a) Oath of Personal Representative; Entity. For a trust company, corporation, association, or other entity, the oath must also contain a statement that the personal representative is authorized and qualified to serve under section 733.305, Florida Statutes. The oath must substantially comply with the following form. [CAPTION] OATH OF PERSONAL REPRESENTATIVE STATE OF COUNTY OF I, , (affiant), state under oath that:
1. I am of , a: Trust company incorporated under the laws of Florida; State banking corporation authorized and qualified to exercise fiduciary powers in Florida under section 733.305, Florida Statutes; State savings corporation authorized and qualified to exercise fiduciary powers in Florida under section 733.305, Florida Statutes; National banking association authorized and qualified to exercise fiduciary powers in Florida under section 733.305, Florida Statutes; or

Federal savings and loan association authorized and qualified to exercise fiduciary powers in Florida under section 733.305, Florida Statutes; and I am authorized to make this oath on behalf of the entity.
2. The entity’s place of business is and post office address is .
3. The entity will faithfully administer the estate of the decedent according to law.
4. The entity will promptly file and serve a notice on all interested persons at any time the entity would not be qualified for appointment and will include the reason the entity would not then be qualified and the date on which the disqualifying event occurred.
5. The entity will file and serve a notice within 20 days on all interested persons, in the event there is a change in the entity’s place of business or mailing address.

Affiant Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization, this day of , 20 , by (name of person making statement). ______________________________ Signature of Notary Public—State of Florida (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known or Produced Identification Type of Identification Produced

(b) Oath of Personal Representative; Individual. For an individual, the oath must also contain a statement that the personal representative has reviewed the statutes relating to the requirements for appointment as personal representative, that the personal representative is qualified to serve, and that the personal representative has a continuing duty to file and serve a notice on the occurrence of an event that would disqualify the personal representative. If the petition is verified by the prospective personal representative individually, the oath may be incorporated in the petition or in the designation of resident agent. The oath for an individual must substantially comply with the following form: [CAPTION] OATH OF PERSONAL REPRESENTATIVE STATE OF COUNTY OF I, , (affiant), state under oath that:
1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of , deceased. I have reviewed the statutes and understand the qualifications. Under penalties of perjury, I certify that the following statements are true: a. I am 18 years of age or older. b. I have never been convicted of a felony. c. I have never been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section 825.101, Florida Statutes. d. I am mentally and physically able to perform the duties of personal representative.

e. I am a resident of the State of Florida, or, if I am not a resident of the State of Florida, I am: a legally adopted child or adoptive parent of the decedent; related by lineal consanguinity to the decedent; a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or the spouse of a person otherwise qualified under 1 of the provisions above.
2. I will faithfully administer the estate of the decedent according to law.
3. My place of residence is , and my post office address is .
4. I will promptly file and serve a notice on all interested persons at any time I know that I would not be qualified for appointment and will include the reason I would not then be qualified and the date on which the disqualifying event occurred.
5. I will file and serve a notice within 20 days on all interested persons, in the event there is a change in my residence address, street address, or mailing address.

Affiant Sworn to (or affirmed) and subscribed before me by means of _____ physical presence or _______ online notarization, this _____ day of ________, 20__, by _____________________ (name of person making statement). ______________________________ Signature of Notary Public—State of Florida

(Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known _______ or Produced Identification __________ Type of Identification Produced ____________________________

Notwithstanding any other provisions of these rules, the personal representative must sign the:
(a) inventory;
(b) accountings;
(c) petition for sale or confirmation of sale or encumbrance of real or personal property;

(d) petition to continue business of decedent;
(e) petition to compromise or settle claim;
(f) petition to purchase on credit;
(g) petition for discharge; and
(h) resignation of personal representative.

(a) Contents and Filing. Unless an inventory has been previously filed, the personal representative must file an inventory of the estate within 60 days after issuance of letters. The inventory must contain notice of the beneficiaries’ rights under subdivision
(e), list the estate with reasonable detail, and include for each listed item (excluding real property appearing to be protected homestead property) its estimated fair market value at the date of the decedent’s death. Real property appearing to be protected homestead property must be listed and so designated.

(b) Extension. On petition the time for filing the inventory may be extended by the court for cause shown without notice, except that the personal representative must serve copies of the petition and order on the persons described in subdivision (d).
(c) Amendments. A supplementary or amended inventory containing the information required by subdivision (a) as to each affected item must be filed and served by the personal representative if:
(1) the personal representative learns of property not included in the original inventory;
(2) the personal representative learns that the estimated value or description indicated in the original inventory for any item is erroneous or misleading; or
(3) the personal representative determines the estimated fair market value of an item whose value was described as unknown in the original inventory.
(d) Service. The personal representative must serve a copy of the inventory and all supplemental and amended inventories on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing.
(e) Information. On request in writing, the personal representative must provide the following:
(1) to the requesting residuary beneficiary or heir in an intestate estate, a written explanation of how the inventory value for an asset was determined or, if an appraisal was obtained, a copy of the appraisal; and
(2) to any other requesting beneficiary, a written explanation of how the inventory value for each asset distributed or proposed to be distributed to that beneficiary was determined or, if an appraisal of that asset was obtained, a copy of the appraisal.

(f) Notice to Nonresiduary Beneficiaries. The personal representative must provide to each nonresiduary beneficiary written notice of that beneficiary’s right to receive a written explanation of how the inventory value for each asset distributed or proposed to be distributed to that beneficiary was determined or a copy of an appraisal, if any, of the asset.
(g) Elective Share Proceedings. After entry of an order determining the surviving spouse’s entitlement to the elective share, the personal representative must file an inventory of the property entering into the elective estate which must value the elective estate assets as required by law and identify the direct recipient, if any, of that property. The personal representative must serve the inventory of the elective estate as provided in rule 5.360. On request in writing, the personal representative must provide an interested person with a written explanation of how the inventory value for an asset was determined and must permit an interested person to examine appraisals on which the inventory values are based.
(h) Verification. All inventories must be verified by the personal representative.

On reasonable request in writing, the personal representative shall provide an interested person with information about the estate and its administration.

(a) Filing. The personal representative shall file an inventory of the contents of the decedent’s safe-deposit box within 10 days of the initial opening of the box by the personal representative or the

personal representative’s attorney of record. The inventory shall include a copy of the financial institution’s entry record for the box from a date that is six months prior to the decedent’s date of death to the date of the initial opening by the personal representative or the personal representative’s attorney of record.
(b) Verification. Each person who was present at the initial opening must verify the contents of the box by signing a copy of the inventory under penalties of perjury.
(c) Service. The personal representative shall serve a copy of the inventory on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing.

REPRESENTATIVES’ FINAL ACCOUNTINGS
(a) Applicability and Accounting Periods. This rule applies to the interim accounting of any fiduciary of a probate estate, the accounting of a personal representative who has resigned or been removed, and the accounting of a curator upon the appointment of a successor fiduciary. The fiduciary may elect to file an interim accounting at any time, or the court may require an interim or supplemental accounting. The ending date of the accounting period for any accounting to which this rule applies shall be as follows:
(1) For an interim accounting, any date selected by the fiduciary, including a fiscal or calendar year, or as may be determined by the court.
(2) For the accounting of a personal representative who has resigned or has been removed, the date the personal representative’s letters are revoked.
(3) For a curator who has been replaced by a successor fiduciary, the date of appointment of the successor fiduciary.
(b) Notice of Filing. Notice of filing and a copy of any accounting to which this rule applies shall be served on all interested persons. The notice shall state that objections to the accounting must be filed within 30 days from the date of service of notice.
(c) Objection. Any interested person may file an objection to any accounting to which this rule applies within 30 days from the date of service of notice on that person. Any objection not filed within 30 days from the date of service shall be deemed abandoned. An objection shall be in writing and shall state with particularity

the item or items to which the objection is directed and the grounds upon which the objection is based.
(d) Service of Objections. The objecting party shall serve a copy of the objection on the fiduciary filing the accounting and other interested persons.
(e) Disposition of Objections and Approval of Accountings. The court shall sustain or overrule any objection filed as provided in this rule. If no objection is filed, any accounting to which this rule applies shall be deemed approved 30 days from the date of service of the accounting on interested persons.
(f) Substantiating Documents. On reasonable written request, the fiduciary shall permit an interested person to examine documents substantiating items in any accounting to which this rule applies.
(g) Supplemental Accountings. The court, on its own motion or on that of any interested person, may require a fiduciary who has been replaced by a successor fiduciary to file a supplemental accounting, the beginning date of which shall be the ending date of the accounting as specified in subdivision (a) of this rule and the ending date of which is the date of delivery of all of the estate’s property to the successor fiduciary, or such other date as the court may order.
(h) Verification. All accountings shall be verified by the fiduciary filing the accounting.

(a) Contents. A fiduciary accounting, other than a guardian accounting, shall include:
(1) all cash and property transactions since the date of the last accounting or, if none, from the commencement of administration, and
(2) a schedule of assets at the end of the accounting period.
(b) Accounting Standards. The following standards are required for the accounting of all transactions occurring on or after January 1, 1994:
(1) Accountings shall be stated in a manner that is understandable to persons who are not familiar with practices and terminology peculiar to the administration of estates and trusts.

(2) The accounting shall begin with a concise summary of its purpose and content.
(3) The accounting shall contain sufficient information to put interested persons on notice as to all significant transactions affecting administration during the accounting period.
(4) The accounting shall contain 2 values in the schedule of assets at the end of the accounting period, the asset acquisition value or carrying value, and estimated current value.
(5) Gains and losses incurred during the accounting period shall be shown separately in the same schedule.
(6) The accounting shall show significant transactions that do not affect the amount for which the fiduciary is accountable.
(c) Accounting Format. A model format for an accounting is attached to this rule as Appendix A.
(d) Verification. All accountings shall be verified by the fiduciary filing the accounting.

(a) Separate Accounts and Reports. In the conduct of an unincorporated business or venture, the personal representative shall keep separate, full, and accurate accounts of all receipts and expenditures and make reports as the court may require.
(b) Petition. If the personal representative determines it to be in the best interest of the estate to continue an unincorporated business or venture beyond the time authorized by statute or will, the personal representative shall file a verified petition which shall include:
(1) a statement of the nature of that business or venture;

(2) a schedule of specific assets and liabilities;
(3) the reasons for continuation;
(4) the proposed form and times of accounting for that business or venture;
(5) the period for which the continuation is requested; and
(6) any other information pertinent to the petition.
(c) Order. If the continuation is authorized, the order shall state:
(1) the period for which that business or venture is to continue;
(2) the particular powers of the personal representative in the continuation of that business or venture; and
(3) the form and frequency of accounting by that business or venture.
(d) Petition by Interested Person. Any interested person, at any time, may petition the court for an order regarding the operation of, accounting for, or termination of an unincorporated business or venture, and the court shall enter an order thereon.

After notice to all interested persons and upon petition of an interested person bearing all or a part of the impact of the payment of compensation to the personal representative or any person employed by the personal representative, the propriety of the employment and the reasonableness of the compensation or payment may be reviewed by the court. The petition shall state the grounds on which it is based. The burden of proving the propriety of the employment and the reasonableness of the compensation shall be upon the personal representative and the person employed by the personal representative. Any person who is determined to have received excessive compensation from an estate may be ordered to make appropriate refunds.

(a) Election. An election to take the elective share may be filed by the surviving spouse, or on behalf of the surviving spouse by an agent or guardian of the property of the surviving spouse.
(1) Election by Surviving Spouse. An electing surviving spouse must file the election within the time required by law and promptly serve a copy of the election on the personal representative in the manner provided for service of formal notice.
(2) Election by Agent or Guardian of the Property of Surviving Spouse.

(A) Petition for Approval. Before filing the election, the agent or guardian of the property of the surviving spouse must petition the court having jurisdiction of the probate proceeding for approval to make the election. The petition for approval must allege the authority to act on behalf of the surviving spouse and facts supporting the election.
(B) Notice of Petition. Upon receipt of the petition, the personal representative must promptly serve a copy of the petition by formal notice on all interested persons.
(C) Order Authorizing Election. If the election is approved, the order must include a finding that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime.
(D) Filing the Election. Upon entry of an order authorizing the filing of an election, the agent or guardian of the property must file the election within the later of the time provided by law or 30 days from service of the order and promptly serve a copy of the election on the personal representative in the manner provided for service of formal notice.
(b) Procedure for Election.
(1) Extension. Within the period provided by law to make the election, the surviving spouse or an agent or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election or for approval to make the election. After notice and hearing the court for good cause shown may extend the time for election. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension.
(2) Withdrawal of Election. The surviving spouse, an agent, a guardian of the property of the surviving spouse, or the personal representative of the surviving spouse’s estate may withdraw the election within the time provided by law.

(3) Service of Notice. Upon receipt of an election the personal representative must serve a notice of election within 20 days following service of the election, together with a copy of the election, on all interested persons in the manner provided for service of formal notice. The notice of election must indicate the names and addresses of the attorneys for the surviving spouse and the personal representative and must state that:
(A) persons receiving a notice of election may be required to contribute toward the satisfaction of the elective share;
(B) objections to the election must be served within 20 days after service of the copy of the notice of election; and
(C) if no objection to the election is timely served, an order determining the surviving spouse’s entitlement to the elective share may be granted without further notice.
(4) Objection to Election. Within 20 days after service of the notice of election, an interested person may serve an objection to the election which must state with particularity the grounds on which the objection is based. The objecting party must serve copies of the objection on the surviving spouse and the personal representative. If an objection is served, the personal representative must promptly serve a copy of the objection on all other interested persons who have not previously been served with a copy of the objection.
(c) Determination of Entitlement.
(1) No Objection Served. If no objection to the election is timely served, the court must enter an order determining the spouse’s entitlement to the elective share.
(2) Objection Served. If an objection to the election is timely served, the court must determine the surviving spouse’s entitlement to the elective share after notice and hearing.

(d) Procedure to Determine Amount of Elective Share and Contribution.
(1) Petition by Personal Representative. After entry of the order determining the surviving spouse’s entitlement to the elective share, the personal representative must file and serve a petition to determine the amount of the elective share. The petition must:
(A) give the name and address of each direct recipient known to the personal representative;
(B) describe the proposed distribution of assets to satisfy the elective share, and the time and manner of distribution; and
(C) identify those direct recipients, if any, from whom a specified contribution will be required and state the amount of contribution sought from each.
(2) Service of Inventory. The inventory of the elective estate required by rule 5.340, together with the petition, must be served within 60 days after entry of the order determining entitlement to the elective share on all interested persons in the manner provided for service of formal notice.
(3) Petition by Spouse. If the personal representative does not file the petition to determine the amount of the elective share within 90 days from rendition of the order of entitlement, the electing spouse or the agent or the guardian of the property or personal representative of the electing spouse may file the petition specifying as particularly as is known the value of the elective share.
(4) Objection to Amount of Elective Share. Within 20 days after service of the petition to determine the amount of the elective share, an interested person may serve an objection to the amount of or distribution of assets to satisfy the elective share. The objection must state with particularity the grounds on which the

objection is based. The objecting party must serve copies of the objection on the surviving spouse and the personal representative. If an objection is served, the personal representative must promptly serve a copy of the objection on all interested persons who have not previously been served.
(5) Determination of Amount of Elective Share and Contribution.
(A) No Objection Served. If no objection is timely served to the petition to determine the amount of the elective share, the court must enter an order on the petition.
(B) Objection Served. If an objection is timely served to the petition to determine the amount of the elective share, the court must determine the amount of the elective share and contribution after notice and hearing.
(6) Order Determining Amount of Elective Share and Contribution. The order must:
(A) set forth the amount of the elective share;
(B) identify the assets to be distributed to the surviving spouse in satisfaction of the elective share; and
(C) if contribution is necessary, specify the amount of contribution for which each direct recipient is liable.
(e) Relief from Duty to Enforce Contribution. A petition to relieve the personal representative from the duty to enforce contribution must state the grounds on which it is based and notice must be served on interested persons.

A widow may file an extraordinary petition for assignment of dower. The petition shall be filed in the court of each county where the widow’s husband had conveyed land in which the widow had not relinquished her right of dower before October 1, 1973. Formal

notice shall be served on persons adversely affected. The proceedings shall be as similar as possible to those formerly existing for the ordinary assignment of dower.

(a) Petition. When authorization or confirmation of the sale of real property is required, the personal representative shall file a verified petition setting forth the reasons for the sale, a description of the real property sold or proposed to be sold, and the price and terms of the sale.
(b) Order. If the sale is authorized or confirmed, the order shall describe the real property. An order authorizing a sale may provide for the public or private sale of the real property described therein, in parcels or as a whole. An order authorizing a private sale shall specify the price and terms of the sale. An order authorizing a public sale shall specify the type of notice of sale to be given by the personal representative.

(a) Petition. A beneficiary may file a petition setting forth the facts that entitle the beneficiary to compel payment of devises or distributive interests stating that the property will not be required for the payment of debts, family allowance, spouse’s elective share, estate and inheritance taxes, claims, charges, and expenses of administration, or for providing funds for contribution or enforcing equalization in case of advancements.
(b) Order. If the court finds that the property will not be required for the purposes set forth in subdivision (a), it may enter an order describing the property to be surrendered or delivered and compelling the personal representative, prior to the final settlement of the personal representative’s accounts, to do one or more of the following:
(1) Pay all or any part of a devise in money.
(2) Deliver specific personal property within the personal representative’s custody and control.
(3) Pay all or any part of a distributive interest in the personal estate of a decedent.
(4) Surrender real property.
(c) Bond. Before the entry of an order of partial distribution, the court may require the person entitled to distribution to give a bond with sureties as prescribed by law.

(a) Beneficiaries and Shares. If a personal representative or other interested person is in doubt or is unable to determine with certainty beneficiaries entitled to an estate or the shares of any beneficiary of an estate, or a beneficiary entitled to any asset or interest in an estate, the personal representative or other interested person may petition the court to determine beneficiaries.
(b) Petition. The petition shall include:

(1) the names, residences, and post office addresses of all persons who may have an interest, except creditors of the decedent, known to the petitioner or ascertainable by diligent search and inquiry;
(2) a statement of the nature of the interest of each person;
(3) designation of any person believed to be a minor or incapacitated, and whether any person so designated is under legal guardianship in this state;
(4) a statement as to whether petitioner believes that there are, or may be, persons whose names are not known to petitioner who have claims against, or interest in, the estate as beneficiaries.
(c) Order. After formal notice and hearing, the court shall enter an order determining the beneficiaries or the shares and amounts they are entitled to receive, or both.

(a) Escheat Proceeding. If it appears to the personal representative that an estate may escheat or there is doubt about the existence of any person entitled to the estate, the personal representative shall institute a proceeding to determine beneficiaries within 1 year after letters have been issued to the personal representative, and notice shall be served on the Department of Legal Affairs. If the personal representative fails to institute the proceeding within the time fixed, it may be instituted by the Department of Legal Affairs.
(b) Court’s Report. On or before January 15 of each year, each court shall furnish to the Department of Legal Affairs a list of all estates being administered in which no person appears to be entitled to the property and the personal representative has not instituted a proceeding for the determination of beneficiaries.
(c) Administration. Except as herein provided, escheated estates shall be administered as other estates.

When a federal estate tax return is filed, required to be filed, or will be filed, the personal representative shall file a notice stating the due date of the return. The notice shall be filed within 12 months from the date letters are issued and copies of the notice shall be served on interested persons. Whenever the due date is subsequently extended, similar notice shall be filed and served.

(a) Petition for Discharge; Final Accounting. A personal representative who has completed administration except for distribution shall file a final accounting and a petition for discharge including a plan of distribution.
(b) Contents. The petition for discharge shall contain a statement:
(1) that the personal representative has fully administered the estate;
(2) that all claims which were presented have been paid, settled, or otherwise disposed of;
(3) that the personal representative has paid or made provision for taxes and expenses of administration;
(4) showing the amount of compensation paid or to be paid to the personal representative, attorneys, accountants, appraisers, or other agents employed by the personal representative and the manner of determining that compensation;
(5) showing a plan of distribution which shall include:

(A) a schedule of all prior distributions;
(B) the property remaining in the hands of the personal representative for distribution;
(C) a schedule describing the proposed distribution of the remaining assets; and
(D) the amount of funds retained by the personal representative to pay expenses that are incurred in the distribution of the remaining assets and termination of the estate administration;
(6) that any objections to the accounting, the compensation paid or proposed to be paid, or the proposed distribution of assets must be filed within 30 days from the date of service of the last of the petition for discharge or final accounting; and also that within 90 days after filing of the objection, a notice of hearing thereon must be served or the objection is abandoned; and
(7) that objections, if any, shall be in writing and shall state with particularity the item or items to which the objection is directed and the grounds on which the objection is based.
(c) Closing Estate; Extension. The final accounting and petition for discharge shall be filed and served on interested persons within 12 months after issuance of letters for an estate not filing a federal estate tax return, otherwise within 12 months from the date the return is due, unless the time is extended by the court for cause shown after notice to interested persons. The petition to extend time shall state the status of the estate and the reason for the extension.
(d) Distribution. The personal representative shall promptly distribute the estate property in accordance with the plan of distribution, unless objections are filed as provided in these rules.
(e) Discharge. On receipt of evidence that the estate has been fully administered and properly distributed, the court shall

enter an order discharging the personal representative and releasing the surety on any bond.

(a) Objections. An interested person may object to the petition for discharge or final accounting within 30 days after the service of the later of the petition or final accounting on that interested person.
(b) Contents. Written objections to the petition for discharge or final accounting must state with particularity the items to which the objections are directed and must state the grounds on which the objections are based.
(c) Service. Copies of the objections shall be served by the objector on the personal representative and interested persons not later than 30 days after the last date on which the petition for discharge or final accounting was served on the objector.
(d) Hearing on Objections. Any interested person may set a hearing on the objections. Notice of the hearing shall be given to all interested persons. If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections shall be deemed abandoned and the personal representative may make distribution as set forth in the plan of distribution.

(e) Order on Objections. The court shall sustain or overrule any objections to the petition for discharge and final accounting and shall determine a plan of distribution.
(f) Discharge. On receipt of evidence that the estate has been distributed according to the plan determined by the court and the claims of creditors have been paid or otherwise disposed of, the court shall enter an order discharging the personal representative and releasing the surety on any bond.

(a) Filing. If the personal representative has recorded a notice of lien on protected homestead, the personal representative shall file a copy of the recorded notice in the probate proceeding.
(b) Contents. The notice of lien shall contain:
(1) the name and address of the personal representative and the personal representative’s attorney;
(2) the legal description of the real property;
(3) to the extent known, the name and address of each person appearing to have an interest in the property; and
(4) a statement that the personal representative has expended or is obligated to expend funds to preserve, maintain, insure, or protect the property and that the lien stands as security for recovery of those expenditures and obligations incurred, including fees and costs.

(c) Service. A copy of the recorded notice of lien shall be served on interested persons in the manner provided for service of formal notice.

(a) Petition. A personal representative or interested person may file a petition to determine the amount of any lien on protected homestead.

(b) Contents. The petition shall be verified by the petitioner and shall state:
(1) the name and address of the personal representative and the personal representative’s attorney;
(2) the interest of the petitioner;
(3) the legal description of the real property;
(4) to the extent known, the name and address of each person appearing to have an interest in the property; and
(5) to the extent known, the amounts paid or obligated to be paid by the personal representative to preserve, maintain, insure, or protect the protected homestead, including fees and costs.
(c) Service. The petition shall be served on interested persons by formal notice.

(a) Filing of Notice. If a personal representative takes possession of what appears reasonably to be protected homestead pending a determination of its homestead status, the personal representative shall file a notice of that act.
(b) Contents of Notice. The notice shall contain:
(1) a legal description of the property;
(2) a statement of the limited purpose for preserving, insuring, and protecting it for the heirs or devisees pending a determination of the homestead status;
(3) the name and address of the personal representative and the personal representative’s attorney;
(4) if the personal representative is in possession when the notice is filed, the date the personal representative took possession.
(c) Service of Notice. The notice shall be served in the manner provided for service of formal notice on interested persons and on any person in actual possession of the property.

(a) Petition. An interested person may file a petition to determine the protected homestead status of real property owned by the decedent or owned by the trustee of a trust described in section 733.707(3), Florida Statutes, of which the deceased settlor was treated as the owner of the real property under section 732.4015, Florida Statutes.

(b) Contents. The petition must be verified by the petitioner and must state:
(1) the petitioner’s interest in the determination of protected homestead status for the real property;
(2) the date of the decedent’s death;
(3) the county of the decedent’s domicile at the time of death;
(4) whether the decedent died testate or intestate;
(5) whether the decedent was survived by a spouse, and if so, the name of the decedent’s surviving spouse, whether the surviving spouse waived the surviving spouse’s homestead rights, and if so, the method through which the surviving spouse waived those rights;
(6) the names of surviving descendants, and a statement as to whether the decedent had any minor children as of the date of death, identifying any minor children by name and year of birth;
(7) a legal description of the property owned by the decedent on which protected homestead is claimed;
(8) whether the property was the domicile of the decedent, or if not, whether the property was located within a municipality and was the domicile of a member of the decedent’s family;
(9) how the real property was titled at the time of the decedent’s death; and
(10) any other facts in support of the petition.
(c) Service of Notice. The petition must be served on interested persons by formal notice.

(d) Order. The court’s order on the petition must describe the real property and determine whether any of the real property constituted protected homestead. If the court determines that any of the real property was protected homestead, the order must identify by name the person or persons entitled to the protected homestead real property and define the interest of each.

(a) Petition. An interested person may file a petition to determine exempt property within the time allowed by law.
(b) Contents. The petition shall be verified by the petitioner and shall:
(1) describe the property and the basis on which it is claimed as exempt property; and
(2) state the name and address of the decedent’s surviving spouse or, if none, the names and addresses of decedent’s children entitled by law to the exempt property and the year of birth of those who are minors.
(c) Order. The court shall determine each item of exempt property and its value, if necessary to determine its exempt status, and order the surrender of that property to the persons entitled to it.

(a) Petition. An interested person may file a petition to determine family allowance.
(b) Contents. The petition shall be verified by the petitioner and shall:
(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) 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.
(c) Order. The order shall 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.

(a) Application. An interested person may request a disposition of the decedent’s personal property without administration. An application signed by the applicant shall set forth:

(1) the description and value of the exempt property;
(2) the description and value of the other assets of the decedent;
(3) the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses for the last 60 days of the last illness together with accompanying statements or payment receipts; and
(4) each requested payment or distribution of personal property.
(b) Exempt Property. If the decedent’s personal property includes exempt property, or property that can be determined to be exempt property, the application must also be signed by all persons entitled to the exempt property or by their representative.
(c) Preparation. On request, the clerk shall assist the applicant in the preparation of the required writing.
(d) Disposition. If the court is satisfied that disposition without administration is appropriate, the court may, without hearing, by letter or other writing authorize the payment, transfer, or disposition of the decedent’s personal property to those persons entitled to it.

(a) Administration Not Required. No administration shall be required or formal proceedings instituted upon the estate of a decedent who:
(1) died intestate;
(2) leaves only:
(A) personal property exempt under the provisions of section 732.402, Florida Statutes,

(B) personal property exempt from the claims of creditors under the Florida Constitution, and
(C) non-exempt personal property the value of which does not exceed the sum of $10,000 and the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness;
(3) has been deceased for more than 1 year; and
(4) no administration of the decedent’s estate is pending in this state.
(b) Affidavit. Any heir at law of the decedent entitled to a share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit request distribution of assets of the decedent by affidavit. The affidavit must be signed and verified by the surviving spouse, if any, and any heirs at law, except that joinder in the affidavit is not required of an heir at law who will receive a full intestate share under the proposed distribution of the personal property. The affidavit shall contain:
(1) a statement that the decedent died intestate, and that after the exercise of reasonable diligence, the person signing the affidavit is unaware of any unrevoked wills or codicils;
(2) a statement that the decedent has been deceased for more than 1 year;
(3) a statement that the decedent died leaving only personal property exempt under the provisions of section 732.402, Florida Statutes, personal property exempt from the claims of creditors under the Florida Constitution, and non-exempt personal property the value of which does not exceed the sum of $10,000;
(4) a description of all assets subject to distribution without administration and their values;

(5) a statement setting forth the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness;
(6) a statement that no administration of the decedent’s estate is pending in this state;
(7) a statement of the relationship of each person signing the affidavit to the decedent, and each person’s name and address;
(8) the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of decedent’s domicile;
(9) so far as is known, the names and addresses of the surviving spouse, if any, and the heirs of the decedent, and their relationship to the decedent and the year of birth of any who are minors;
(10) a statement either:
(A) that all claims against the decedent’s estate are barred; or
(B) that a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:
(i) a statement that the estate is not indebted;
(ii) the name and address of each creditor, the nature of the debt, the amount of the debt and whether the amount is estimated or exact, and when the debt is due. If provision for payment has been made other than for full payment in the proposed distribution schedule, the following information must be shown:

(a) the name of the person who will pay the debt,
(b) the creditor’s written consent for substitution or assumption of the debt by another person,
(c) the amount to be paid if the debt has been compromised, and
(d) the terms for payment and any limitation on the liability of the person paying the debt; and
(11) a schedule of proposed distribution of all intestate personal property.
(c) Service. The affidavit must be served in the manner of formal notice upon
(1) all heirs at law who have not joined in the affidavit;
(2) all known or reasonably ascertainable creditors of the decedent; and
(3) if at the time of death the decedent was over the age of 55 years, upon the Agency for Health Care Administration.
(d) Writing Under Seal of Court. If the court determines that section 735.304(1) is applicable and the affidavit filed by the heir at law meets the requirements of section 735.304(2), the court, by letter of other writing under the seal of the court, must authorize the payment, transfer, disposition, delivery, or assignment of the tangible or intangible personal property to those persons entitled.

(a) Resignation. A personal representative may resign with court approval.
(b) Petition for Resignation. The personal representative seeking to resign shall file a petition for resignation. The petition shall be verified and shall state:
(1) the personal representative desires to resign and be relieved of all powers, duties, and obligations as personal representative;
(2) the status of the estate administration and that the interests of the estate will not be jeopardized if the resignation is accepted;
(3) whether a proceeding for accounting, surcharge, or indemnification or other proceeding against the resigning personal representative is pending; and
(4) whether the appointment of a successor fiduciary is necessary. If the petition nominates a successor fiduciary, it shall state the nominee’s priority under the Florida Probate Code, if any, and that the nominee is qualified to serve under the laws of Florida.

(c) Service. The petition shall be served by formal notice on all interested persons and the personal representative’s surety, if any.
(d) Appointment of Successor. Before accepting the resignation, the court shall determine the necessity for appointment of a successor fiduciary. If there is no joint personal representative serving, the court shall appoint a successor fiduciary.
(e) Acceptance of Resignation. The court may accept the resignation and revoke the letters of the resigning personal representative if the interests of the estate are not jeopardized. Acceptance of the resignation shall not exonerate the resigning personal representative or the resigning personal representative’s surety from liability.
(f) Delivery of Records and Property. The resigning personal representative shall immediately upon acceptance of the resignation by the court deliver to the remaining personal representative or the successor fiduciary all of the records of the estate and all property of the estate, unless otherwise directed by the court.
(g) Petition for Discharge; Accounting. The resigning personal representative shall file an accounting and a petition for discharge within 30 days after the date that the letters of the resigning personal representative are revoked by the court. The petition for discharge shall be verified and shall state:
(1) that the letters of the resigning personal representative have been revoked;
(2) that the resigning personal representative has surrendered all undistributed estate assets, records, documents, papers, and other property of or concerning the estate to the remaining personal representative or the successor fiduciary; and

(3) the amount of compensation paid or to be paid the resigning personal representative and the attorney and other persons employed by the resigning personal representative.
(h) Notice, Filing, and Objections to Accounting. Notice of, filing of, and objections to the accounting of the resigning personal representative shall be as provided in rule 5.345.
(i) Notice of Filing and Objections to Petition for Discharge.
(1) Notice of filing and a copy of the petition for discharge shall be served on all interested persons. The notice shall state that objections to the petition for discharge must be filed within 30 days after the later of service of the petition or service of the accounting on that interested person.
(2) Any interested person may file an objection to the petition for discharge within 30 days after the later of service of the petition or service of the accounting on that interested person. Any objection not filed within such time shall be deemed abandoned. An objection shall be in writing and shall state with particularity the item or items to which the objection is directed and the grounds on which the objection is based.
(3) The objecting party shall serve a copy of the objection on the resigning personal representative and other interested persons.
(4) Any interested person may set a hearing on the objections. Notice of the hearing shall be given to the resigning personal representative and other interested persons.
(j) Failure to File Accounting or Deliver Records or Property. The resigning personal representative shall be subject to contempt proceedings if the resigning personal representative fails to file an accounting or fails to deliver all property of the estate and all estate records under the control of the resigning personal representative to the remaining personal representative or the

successor fiduciary within the time prescribed by this rule or by court order.
(k) Discharge. The court shall enter an order discharging the resigning personal representative and releasing the surety on any bond after the court is satisfied that the resigning personal representative has delivered all records and property of the estate to the remaining personal representative or the successor fiduciary; that all objections, if any, to the accounting of the resigning personal representative have been withdrawn, abandoned, or judicially resolved; and that the liability of the resigning personal representative has been determined and satisfied.

(a) Commencement of Proceeding. The court on its own motion may remove, or any interested person by petition may commence a proceeding to remove, a personal representative. A petition for removal shall state the facts constituting the grounds upon which removal is sought, and shall be filed in the court having jurisdiction over the administration of the estate.
(b) Accounting. A removed personal representative shall file an accounting within 30 days after removal.
(c) Delivery of Records and Property. A removed personal representative shall, immediately after removal or within such time prescribed by court order, deliver to the remaining personal representative or to the successor fiduciary all of the records of the estate and all of the property of the estate.
(d) Failure to File Accounting or Deliver Records and Property. If a removed personal representative fails to file an accounting or fails to deliver all property of the estate and all estate records under the control of the removed personal representative to the remaining personal representative or to the successor fiduciary within the time prescribed by this rule or by court order, the removed personal representative shall be subject to contempt proceedings.

(a) Petition. If, after an estate is closed, additional property of the decedent is discovered or if further administration of the estate is required for any other reason, any interested person may file a petition for further administration of the estate. The petition shall be filed in the same probate file as the original administration.
(b) Contents. The petition shall state:
(1) the name, address, and interest of the petitioner in the estate;
(2) the reason for further administration of the estate;
(3) the description, approximate value, and location of any asset not included among the assets of the prior administration; and
(4) a statement of the relief sought.
(c) Order. The court shall enter such orders as appropriate. Unless required, the court need not revoke the order of discharge, reissue letters, or require bond.

(a) Petition. The contents of the petition for ancillary letters shall be as provided in rule 5.200. The petition shall be verified and shall include:
(1) for a testate estate, an authenticated copy of so much of the domiciliary proceedings as will show the will, petition for probate, order admitting the will to probate, and authority of the personal representative;
(2) for an intestate estate, an authenticated copy of so much of the domiciliary proceedings as will show the petition for administration, and authority of the personal representative to act; or
(3) if appointment of someone other than the domiciliary personal representative is requested, a statement of the facts constituting grounds on which appointment is sought.
(b) Notice. Before ancillary letters shall be issued to any person, formal notice shall be given to:
(1) all known persons qualified to act as ancillary personal representative and whose entitlement to preference of appointment is equal to or greater than petitioner’s and who have not waived notice or joined in the petition; and

(2) all domiciliary personal representatives who have not waived notice or joined in the petition.
(c) Probate of Will. On filing the authenticated copy of a will, the court shall determine whether the will complies with Florida law to entitle it to probate. If it does comply, the court shall admit the will to probate.

(a) Filing Requirements. The foreign personal representative of a testate estate that meets the requirements of section 734.1025, Florida Statutes, may file with the clerk in the county where any property is located an authenticated copy of so much of the transcript of the foreign proceedings as will show:
(1) the probated will and all probated codicils of the decedent;
(2) the order admitting them to probate;
(3) the letters or their equivalent; and
(4) the part of the record showing the names of the beneficiaries of the estate or an affidavit of the foreign personal representative reciting that the names are not shown or not fully disclosed by the foreign record and specifying the names. On presentation of the foregoing, the court shall admit the will and any codicils to probate if they comply with section 732.502(1) or section 732.502(2), Florida Statutes.
(b) Notice to Creditors. After complying with the foregoing requirements, the foreign personal representative may cause a notice to creditors to be published as required by these rules.
(c) Claims Procedure. The procedure for filing or barring claims and objecting to them and for suing on them shall be the same as for other estates, except as provided in this rule.

(d) Order. If no claims are filed against the estate within the time allowed, the court shall enter an order adjudging that notice to creditors has been duly published and proof thereof filed and that no claims have been filed against the estate or that all claims have been satisfied.
(e) Notification of Claims Filed. If any claim is filed against the estate within the time allowed, the clerk shall send to the foreign personal representative a copy of the claim and a notice setting a date for a hearing to appoint an ancillary personal representative. At the hearing, the court shall appoint an ancillary personal representative according to the preferences as provided by law.
(f) Objections to Claims. If an ancillary personal representative is appointed pursuant to this rule, the procedure for filing, objecting to, and suing on claims shall be the same as for other estates, except that the ancillary personal representative appointed shall have not less than 30 days from the date of appointment within which to object to any claim filed.

(a) Form. A creditor’s statement of claim shall be verified and filed with the clerk and shall state:
(1) the basis for the claim;
(2) the amount claimed;
(3) the name and address of the creditor;
(4) the security for the claim, if any; and
(5) whether the claim is currently due or involves an uncertainty and, if not due, then the due date and, if contingent or unliquidated, the nature of the uncertainty.
(b) Service. The clerk shall serve a copy of the claim as set forth in rule 5.041, to the attorney for the personal representative, unless all personal representatives file a notice directing that claims be served on a designated personal representative or designated attorney of record. Absent designation, a copy of claim shall be served on the attorney for the personal representative named first in the letters of administration. The clerk shall note the fact and date of service on the statement of claim pursuant to this rule.
(c) Validity of Claim. Failure to deliver or receive a copy of the claim shall not affect the validity of the claim.
(d) Amending Claims. If a claim as filed is sufficient to notify interested persons of its substance but is otherwise defective as to form, the court may permit the claim to be amended at any time.
(e) Service by Personal Representative. If the personal representative files a claim individually, or in any other capacity creating a conflict of interest between the personal representative and any interested person, then at the time the claim is filed, the personal representative shall serve all interested persons with a

copy of the claim and notice of the right to object to the claim. The notice shall state that an interested person may object to a claim as provided by law and rule 5.496. Service shall be either by informal notice or in the manner provided for service of formal notice. Service on one interested person by a chosen method shall not preclude service on another interested person by another method.

(a) Filing. An objection to a claim, other than a personal representative’s proof of claim, shall be in writing and filed on or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of the claim, whichever occurs later.
(b) Service. A personal representative or other interested person who files an objection to the claim shall serve a copy of the objection on the claimant. If the objection is filed by an interested person other than the personal representative, a copy of the objection shall also be served on the personal representative. Any objection shall include a certificate of service.
(c) Notice to Claimant. An objection shall contain a statement that the claimant is limited to a period of 30 days from the date of service of an objection within which to bring an action as provided by law.

(a) Contents. A personal representative’s proof of claim shall state:

(1) the basis for each claim;
(2) the amount claimed;
(3) the name and address of the claimant;
(4) the security for the claim, if any;
(5) whether the claim is matured, unmatured, contingent, or unliquidated;
(6) whether the claim has been paid or is to be paid; and
(7) that any objection to a claim listed as to be paid shall be filed no later than 4 months from first publication of the notice to creditors or 30 days from the date of the filing of the proof of claim, whichever occurs later.
(b) Service. The proof of claim shall be served at the time of filing or promptly thereafter on all interested persons.

PERSONAL REPRESENTATIVE’S PROOF OF CLAIM
(a) Filing. An objection to a personal representative’s proof of claim must be in writing and filed on or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing of the proof of claim, whichever occurs later.
(b) Contents. The objection must identify the particular item or items to which objection is made. An objection to an item listed on the proof of claim as to be paid must also contain a statement that the claimant is limited to a period of 30 days from the date of service of an objection within which to bring an independent action as provided by law.
(c) Items Listed as Paid. If an objection is filed to an item listed on the proof of claim as paid, it is not necessary for the claimant to file an independent action as to that item. Liability as between estate and the personal representative individually for claims listed on the proof of claim as paid, or for claims treated as if they were listed on the proof of claim as paid, will be determined in the estate administration, in a proceeding for accounting or surcharge, or in another appropriate proceeding, whether or not an objection has been filed.

(d) Items Paid Before Objection. If an item listed as to be paid is paid by the personal representative before the filing of an objection as to that item, the item will be treated as if it were listed on the proof of claim as paid.
(e) Service. The objector must serve a copy of the objection on the personal representative and, in the case of any objection to an item listed as to be paid, must also serve a copy on that claimant at the time of filing or promptly thereafter. In the case of an objection to an item listed as to be paid, the objection must include a certificate of service.

(a) Proceeding. The establishment and probate of a lost or destroyed will shall be in one proceeding.
(b) Petition. The petition, in addition to reciting information required under these rules for petition for administration, shall 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 shall 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 shall be admitted to probate unless formal notice has been given to those who, but for the will, would be entitled to the property thereby devised.
(e) Order. The order admitting the will to probate shall state in full its terms and provisions.

(a) Petition. The petition must be verified as required by law and must contain:
(1) a statement of the interest of each petitioner, each petitioner’s name and address, and the name and office address of each petitioner’s attorney;
(2) the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile;
(3) so far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the year of birth of any who are minors;
(4) a statement showing venue;
(5) a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters;
(6) a statement that the decedent’s will, if any, does not direct administration as required by chapter 733, Florida Statutes;
(7) a statement that the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years;

(8) a description of all assets in the estate and the estimated value of each, and a separate description of any protected homestead and exempt property;
(9) a statement either:
(A) that all creditors’ claims are barred or
(B) that a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:
(i) A statement that the estate is not indebted.
(ii) The name and address of each creditor, the nature of the debt, the amount of the debt and whether the amount is estimated or exact, and when the debt is due. If provision for payment of the debt has been made other than for full payment in the proposed order of distribution, the following information must be shown:
(a) The name of the person who will pay the debt.
(b) The creditor’s written consent for substitution or assumption of the debt by another person.
(c) The amount to be paid if the debt has been compromised.
(d) The terms for payment and any limitations on the liability of the person paying the debt.
(10) in an intestate estate, a statement that after the exercise of reasonable diligence each petitioner is unaware of any unrevoked wills or codicils;
(11) in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a

statement that each petitioner is unaware of any other unrevoked will or codicil; and
(12) a schedule of proposed distribution of all probate assets and the person to whom each asset is to be distributed.
(b) Service. The joinder in, or consent to, a petition for summary administration is not required of a beneficiary who will receive full distributive share under the proposed distribution. Any beneficiary and any known or reasonably ascertainable creditor not joining or consenting must receive formal notice of the petition.
(c) Testate Estate. In a testate estate, on the filing of the petition for summary administration, the decedent’s will must be proved and admitted to probate.
(d) Order. If the court determines that the decedent’s estate qualifies for summary administration, it must enter an order distributing the probate assets and specifically designating the person to whom each asset is to be distributed.

(a) Application. All hearings under chapter 744 and under section 393.12, Florida Statutes, shall be open unless the alleged incapacitated person, adjudicated ward, or person alleged to have a developmental disability elects to have the hearing closed.
(b) Election. An election to close a hearing may be made before the hearing by filing a written notice. Subject to the court’s approval, an election to close or reopen a hearing may be made at any time during the hearing by oral or written motion.

Electronic or stenographic recordings shall be made of all hearings on the:
(a) adjudication of incapacity;
(b) appointment of a guardian;
(c) modification, termination, or revocation of the adjudication of incapacity;
(d) restoration of capacity; or
(e) restoration of rights.

(a) Contents. The petition to determine incapacity must be verified by the petitioner and must state:
(1) the name, age, and present address of the petitioner and the petitioner’s relationship to the alleged incapacitated person;
(2) the name, age, county of residence, and present address of the alleged incapacitated person, and specify the primary language spoken by the alleged incapacitated person, if known;

(3) that the petitioner believes the alleged incapacitated person to be incapacitated, the facts on which the belief is based, and the names and addresses of all persons known to the petitioner who have knowledge of the facts through personal observation;
(4) the name and address of the alleged incapacitated person’s attending or family physician, if known;
(5) which rights the alleged incapacitated person is incapable of exercising to the best of the petitioner’s knowledge; and, if the petitioner has insufficient experience to make that judgment, the petitioner must so indicate;
(6) whether plenary or limited guardianship is sought for the alleged incapacitated person;
(7) the names, relationships, and addresses of the next of kin of the alleged incapacitated person, specifying the year of birth of any who are minors, to the extent known to the petitioner;
(8) whether there are possible alternatives to guardianship known to the petitioner, including, but not limited to, trust agreements, powers of attorney, designations of health care surrogates, other advance directives, and if the petitioner is seeking a guardianship, an explanation as to why the alternatives are insufficient to meet the needs of the alleged incapacitated person; and
(9) whether the alleged incapacitated person uses assistance to exercise the person’s rights, including, but not limited to, supported decisionmaking, and if so, why the assistance is inappropriate or insufficient to allow the person to independently exercise the person’s rights.
(b) Notice.
(1) Contents. The notice of filing the petition to determine incapacity must state:

(A) the time and place of the hearing to inquire into the capacity of the alleged incapacitated person;
(B) that an attorney has been appointed to represent the alleged incapacitated person; and
(C) that if the court determines that the alleged incapacitated person is incapable of exercising any of the rights enumerated in the petition a guardian may be appointed.
(2) Service on Alleged Incapacitated Person. The notice and a copy of the petition to determine incapacity must be personally served by an elisor appointed by the court, who may be the court-appointed counsel for the alleged incapacitated person. The elisor must read the notice and petition to the alleged incapacitated person. A return of service must be filed by the elisor certifying that the notice and petition have been served on and read to the alleged incapacitated person. No responsive pleading is required and no default may be entered for failure to file a responsive pleading. The allegations of the petition are deemed denied.
(3) Service on Others. A copy of the petition and the notice must also be served on counsel for the alleged incapacitated person, and on all next of kin.
(c) Verified Statement. An interested person may file a verified statement that states:
(1) that the interested person has a good faith belief that the alleged incapacitated person’s trust, trust amendment, or durable power of attorney is invalid; and
(2) facts constituting a reasonable basis for that belief.
(d) Order. When an order determines that a person is incapable of exercising delegable rights, it must specify whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person.

(e) Reports.
(1) Filing. Each member of the examining committee must file the examining committee member’s report with the clerk of the court within 15 days after appointment.
(2) Service. Within 3 days after receipt of each examining committee member’s report, the clerk must serve the report on the petitioner and the attorney for the alleged incapacitated person by e-mail or United States mail, and, on service, must file a certificate of service in the incapacity proceeding. The petitioner and the attorney for the alleged incapacitated person must be served with all reports at least 10 days before the hearing on the petition, unless the reports are not complete, in which case the petitioner and attorney for the alleged incapacitated person may waive the 10-day requirement and consent to the consideration of the report by the court at the adjudicatory hearing. If service is not timely effectuated, the petitioner or the alleged incapacitated person may move for a continuance of the hearing.
(3) Objections. The petitioner and the alleged incapacitated person may object to the introduction into evidence of all or any portion of the examining committee members’ reports by filing and serving a written objection on the other party no later than 5 days before the adjudicatory hearing. The objection must state the basis on which the challenge to admissibility is made. If an objection is timely filed and served, the court must apply the rules of evidence in determining the reports’ admissibility. For good cause shown, the court may extend the time to file and serve the written objection.
(f) Adjudicatory Hearing. On appointment of the examining committee, the court must set the date on which the petition will be heard. The adjudicatory hearing must be conducted within at least 10 days, which time period may be waived, but no more than 30 days after the filing of the last filed report of the examining committee members, unless good cause is shown.

(a) Petition for Appointment of Guardian. The petition for voluntary guardianship shall be verified by the petitioner and shall state:
(1) the facts to establish venue;
(2) the petitioner’s residence and post office address;
(3) that the petitioner although mentally competent is incapable of the care, custody, and management of the petitioner’s estate by reason of age or physical infirmity, and is voluntarily

petitioning to have a guardian of the petitioner’s property appointed;
(4) whether the guardianship shall apply to all of the petitioner’s property or less than all of the petitioner’s property; and if less than all of the petitioner’s property, the specific property to which the guardianship is to apply;
(5) the name and residence and post office address of any proposed guardian;
(6) that the proposed guardian is qualified to serve or that a willing and qualified proposed guardian has not been located; and
(7) the names and post office addresses of persons to whom the petitioner requests that notice of the hearing for the appointment of the guardian, and any petition for authority to act, be given.
(b) Certificate of Licensed Physician. The petition shall be accompanied by a certificate of a licensed physician as required by law.
(c) Notice of Hearing. Notice of hearing on the petition for appointment, and any petition for authority to act, shall be given to the ward and any person to whom the ward requests notice be given, which request can be made in the petition for appointment or a subsequent written request for notice signed by the ward.
(d) Annual Report. The annual report shall be accompanied by a certificate from a licensed physician as required by law.
(e) Termination. The ward may terminate a voluntary guardianship by filing a notice of termination. Copies of the notice shall be served on all interested persons. The guardian shall file a petition for discharge in accordance with these rules.

(a) Application. This rule shall apply to any guardianship for a minor.
(b) Petition to Determine Incapacity. No petition to determine incapacity need be filed.
(c) Petition for Appointment of Guardian. The petition shall be verified by the petitioner and shall state:
(1) the facts to establish venue;
(2) the petitioner’s residence and post office address;
(3) the name, age, and residence and post office address of the minor;
(4) the names and addresses of the parents of the minor and if none, the next of kin known to the petitioner;

(5) the name and residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve; or, that a willing and qualified guardian has not been located;
(6) the proposed guardian’s relationship to and any previous association with the minor, including listing any activities designated in section 744.446(3), Florida Statutes;
(7) the reasons why the proposed guardian should be appointed;
(8) the nature and value of the property subject to the guardianship; and
(9) whether there are possible alternatives to guardianship known to the petitioner, including but not limited to, trust agreements, powers of attorney, surrogates, guardian advocate under section 744.3085, Florida Statutes, or advance directive and why those possible alternatives are insufficient to meet the needs of the minor.
(d) Notice. Formal notice of the petition for appointment of guardian shall be served on any parent who is not a petitioner or, if there is no parent, on the persons with whom the minor resides and on such other persons as the court may direct.
(e) Initial and Annual Guardianship Reports.
(1) The initial guardianship report shall consist only of the verified inventory. The annual guardianship report shall consist only of the annual accounting.
(2) The guardian shall file an initial and annual guardianship plan as required by law.
(3) Unless otherwise ordered by the court or required by law, the guardian need not serve a copy of the initial

guardianship report and the annual guardianship reports on the ward.
(f) Inspection of Inventory or Accounting. Unless otherwise ordered by the court for good cause shown, any inventory, amended or supplementary inventory, or accounting is subject to inspection only by the clerk, the ward or the ward’s attorney, and the guardian or the guardian’s attorney.

(a) Contents. The petition shall be verified by the petitioner and shall state:

(1) the facts to establish venue;
(2) the petitioner’s residence and post office address;
(3) the name, age, and residence and post office address of the alleged incapacitated person;
(4) the nature of the incapacity, the extent of guardianship, either limited or plenary, requested for the alleged incapacitated person, and the nature and value of property subject to the guardianship;
(5) the names and addresses of the next of kin of the alleged incapacitated person known to the petitioner;
(6) the name and residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve, or that a willing and qualified guardian has not been located;
(7) the proposed guardian’s relationship to and any previous association with the alleged incapacitated person, including listing any activities designated in section 744.446(3), Florida Statutes;
(8) the reasons why the proposed guardian should be appointed;
(9) whether the petitioner has knowledge, information, or belief that there are possible alternatives to guardianship known to the petitioner, including, but not limited to, trust agreements, powers of attorney, designations of health care surrogates, guardian advocate under section 744.3085, Florida Statutes, or other advance directives, and if there are possible alternatives to guardianship, an explanation as to why the alternatives are insufficient to meet the needs of the alleged incapacitated person;

(10) whether the petitioner has knowledge, information, or belief that the alleged incapacitated person has a preneed guardian designation; and
(11) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the registration requirements of section 744.2002, Florida Statutes.
(b) Notice. Notice of filing the petition for appointment of guardian may be served as a part of the notice of filing the petition to determine incapacity, but shall be served a reasonable time before the hearing on the petition or other pleading seeking appointment of a guardian.
(c) Service on Public Guardian. If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian.

(a) Individual Applicants.
(1) The application for appointment shall contain:
(A) the applicant’s qualifications to serve as a guardian, including a statement indicating whether the applicant has ever been (i) arrested or (ii) convicted of a felony, even if the record of such arrest or conviction has been expunged, unless the expunction was ordered pursuant to section 943.0583, Florida Statutes; and
(B) the names of all wards who are adults and the initials of any ward who is a minor for whom the applicant is then acting as guardian, the court file number and circuit court in which each case is pending, and a statement as to whether the applicant is acting as a limited or plenary guardian of the person or property, or both, of each ward.
(2) The application for appointment shall be filed and served a reasonable time before the hearing on the appointment of a guardian.
(b) Nonprofit Corporate Guardians.
(1) No application for appointment shall be required of a nonprofit corporate guardian.
(2) A disclosure statement shall contain:
(A) the corporation’s qualifications to serve as a guardian; and
(B) the names of all wards who are adults and the initials of any ward who is a minor for whom the corporation is then acting as guardian, the court file number and circuit court in which each case is pending, and a statement as to whether the

corporation is acting as a limited or plenary guardian of the person or property, or both, of each ward.
(3) The disclosure statement of a nonprofit corporate guardian shall be filed quarterly with the clerk of the court for each circuit in which the corporation has been appointed, or is seeking appointment, as guardian.
(c) For Profit Corporations and Associations. No application for appointment or disclosure statement shall be required of any for profit corporation or association authorized to exercise fiduciary powers under Florida law.
(d) Public Guardians. No application for appointment or disclosure statement shall be required of a public guardian.

Every guardian or emergency temporary guardian shall take an oath to perform faithfully the duties of guardian or emergency temporary guardian before exercising such authority. The oath may be incorporated in the petition for appointment of guardian, or petition for appointment of emergency temporary guardian, if verified by the prospective guardian.

The guardian shall sign the:

(a) initial guardianship plan;
(b) inventory, amended inventory, or supplemental inventory;
(c) annual guardianship plan;
(d) annual accounting;
(e) guardian’s petition for court approval required by law;
(f) petition for discharge;
(g) final report; and
(h) resignation of guardian.

(a) Inventory. Within 60 days after issuance of letters, the guardian of the property shall file a verified inventory as required by law. All property not in the guardian’s possession as of the date the inventory is filed shall be so identified.
(b) Amended or Supplemental Inventory. If the guardian of the property learns of any property not included in the inventory, or learns that the description in the inventory is inaccurate, the guardian shall, within 30 days of this discovery, file a verified amended or supplemental inventory showing the change.
(c) Substantiating Documents. Unless ordered by the court, the guardian need not file the documents substantiating the inventory. Upon reasonable written request, the guardian of the property shall make the substantiating documents available for examination to those persons entitled to receive or inspect the inventory.
(d) Safe-Deposit Box Inventory. If the ward has a safedeposit box, a copy of the safe-deposit box inventory shall be filed as part of the verified inventory.
(e) Guardian Advocates. This rule shall apply to a guardian advocate to the extent that the guardian advocate was granted authority over the property of the person with a developmental disability.

(a) Filing. Unless the guardian education requirement is waived by the court, each guardian, other than a professional guardian, shall file with the court within 4 months after the issuance of letters of guardianship or letters of guardian advocacy a notice of completion of guardian education requirements.

(b) Content. The notice shall state:
(1) that the guardian has completed the required number of hours of course instruction and training covering the legal duties and responsibilities of a guardian, the rights of a ward, the availability of local resources to aid a ward, and the preparation of habilitation plans and annual guardianship reports, including accountings;
(2) the date the course was completed;
(3) the name of the course completed; and
(4) the name of the entity or instructor that taught the course.
(c) Verification. The notice shall be verified by the guardian.

(a) Contents. When authorization or confirmation of any act of the guardian is required under sections 744.422 or 744.441,

Florida Statutes, application must be made by verified petition stating the facts showing:
(1) the expediency or necessity for the action;
(2) a description of any property involved;
(3) the price and terms of any sale, mortgage, or other contract;
(4) whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised;
(5) whether the action requested conforms to the guardianship plan; and
(6) the basis for the relief sought.
(b) Notice. No notice of a petition to authorize sale of perishable personal property or of property rapidly deteriorating is required. Notice of a petition to perform any other act requiring a court order must be given to the ward, to the next of kin, if any, and to those persons who have filed requests for notices and copies of pleadings.
(c) Order.
(1) If the act is authorized or confirmed, the order must describe the permitted act and authorize the guardian to perform it or confirm its performance.
(2) If a sale or mortgage is authorized or confirmed, the order must describe the property. If a sale is to be private, the order must specify the price and the terms of the sale. If a sale is to be public, the order must state that the sale will be made to the highest bidder and that the court reserves the right to reject all bids.
(3) If the guardian is authorized to bring an action to contest the validity of all or part of a revocable trust, the order must

contain a finding that the action appears to be in the ward’s best interests during the ward’s probable lifetime. If the guardian is not authorized to bring such an action, the order must contain a finding concerning the continued need for a guardian and the extent of the need for delegation of the ward’s rights.

(a) Contents.
(1) When authorization for any act of the professional guardian is required under section 744.4431, Florida Statutes, application must be made by verified petition stating the facts showing:
(A) a description of the proposed action or decision for which court approval is sought;
(B) documentation of the authority of the professional guardian to make health care decisions on behalf of the ward;
(C) a statement regarding any known objections to the relief sought;
(D) a description of the ward’s known wishes, including all advance directives executed by the ward, or, if there is no indication of the ward’s wishes, a description of why the relief sought is in the best interests of the ward;

(E) a description of exigent circumstances that exist which necessitate immediate relief; and
(F) a description of the circumstances requiring the proposed action or decision, which must include supporting documents that are consistent with sections 765.305, 765.401(3), or 765.404, Florida Statutes.
(b) Notice. Notice of the petition and of any hearing must be served on the ward, the ward’s attorney, if any, the ward’s next of kin, and any other interested persons which includes persons who have filed requests for notices and copies of pleadings. The provision of notice may be waived by the court.
(c) Hearing.
(1) The court must hold a hearing if:
(A) the ward or the ward’s attorney, if any, objects to the petition;
(B) the ward’s next of kin or an interested person objects for any reason authorized by section 765.105(1), Florida Statutes;
(C) the professional guardian, the ward, or the ward’s attorney, if any, requests a hearing; or
(D) the petition has insufficient information for the court to make a determination.
(2) On a showing a hearing is required and exigent circumstances exist, a preliminary hearing on the petition must be held with 72 hours of filing. At the conclusion of the hearing, the court must rule on the petition or set it for an evidentiary hearing within 4 days.
(d) Order.

(1) If the petition is granted, the order must describe the permitted act and authorize the professional guardian to perform the act.
(2) If the petition is denied, the order must state the reasons for the denial.

(a) Contents. When authorization for extraordinary authority is sought as permitted by law, application shall be made by verified petition stating:
(1) the petitioner’s interest in the proceeding;
(2) the specific authority requested; and

(3) the facts constituting the basis for the relief sought and that the authority being requested is in the best interest of the ward.
(b) Notice.
(1) The petition shall be served by formal notice. For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing.
(2) The petition shall be served on the guardian of the person, if the guardian is not the petitioner, the ward, the next of kin, if any, those interested persons who have filed requests for notices and copies of pleadings, and such other persons as the court may direct.
(c) Hearing. The hearing shall be at a time and place that will enable the ward to express the ward’s views to the court.

(a) Time of Settlement. Claims on behalf of minors may be settled either before or after an action is filed.
(b) Petition. The petition for approval of a settlement shall contain:
(1) the initials, residence address, and the year of birth of the minor;
(2) the name and address of any guardian appointed for the minor;
(3) the name and residence address of the natural guardians or other persons having legal custody of the minor;
(4) a statement disclosing the interests of any natural or court-appointed guardian whose interest may be in conflict with that of the minor;
(5) a description of the cause of action in which the minor’s interest arises;
(6) a summary of the terms of the proposed settlement; and
(7) copies of all agreements, releases, or other documents to be executed on behalf of the minor.
(c) Notice. Notice of the petition shall be given to the courtappointed guardians for the minor, to the natural guardians or other persons with legal custody of the minor, to the minor if age 14 or older, and to the minor’s next of kin if required by the court.
(d) Guardian Ad Litem. The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that equals or exceeds $50,000 and affects the interests of the minor, if:

(1) there is no court-appointed guardian of the minor;
(2) the court-appointed guardian may have an interest adverse to the minor; or
(3) the court determines that representation of the minor’s interest is otherwise inadequate.
(e) Valuation of Proposed Settlement. A proposed settlement is deemed to equal or exceed $50,000 if the gross amount payable equals or exceeds $50,000, without reduction to reflect present value or fees and costs.
(f) Report. A guardian ad litem appointed with respect to a proposed settlement affecting the interests of a minor shall, not later than 5 days prior to the hearing on a petition for order authorizing settlement, file and serve a report indicating the guardian ad litem’s determination regarding whether the proposed settlement will be in the best interest of the minor. The report shall include:
(1) a statement of the facts of the minor’s claim and the terms of the proposed settlement, including any benefits to any persons or parties with related claims;
(2) a list of the persons interviewed and documents reviewed by the guardian ad litem in evaluating the minor’s claim and proposed settlement; and
(3) the guardian ad litem’s analysis of whether the proposed settlement will be in the best interest of the minor. A copy of the report shall be served on those persons on whom service is required in subdivision (c) of this rule.

(a) Continuance of Business. When the ward is adjudicated incapacitated while engaged in any unincorporated business or venture, or the court finds that a person with a developmental disability lacks capacity to manage an unincorporated business or venture, the court may authorize the guardian to continue the

business or venture for a reasonable time under the supervision of the court.
(b) Petition. Before an order is made under subdivision (a), the guardian shall file a verified petition, alleging sufficient facts to make it appear that it is in the best interest of the ward’s estate to continue the business or venture.
(c) Order. The order authorizing the continuance of the business or venture may empower the guardian to make contracts necessary to conduct the business or venture and to incur debts and pay out money in the proper conduct of the business or venture. The net profits only of the business or venture are to be added to the assets of the ward’s estate.
(d) Accounts and Reports. In the conduct of the business or venture, the guardian shall keep full and accurate accounts of all receipts and expenditures and make reports as the court requires.
(e) Discontinuance of Business. Any person interested in the ward’s estate may at any time petition the court for an order requiring the guardian to discontinue and to wind up the business or venture, and the court, after notice to the guardian, shall enter such order thereon as is in the best interest of the ward’s estate.

(a) Petition. A guardian of the property of a nonresident ward, duly appointed by a court of another state, territory, or country, who desires to manage any part or all of the property of the ward located in this state, may file a verified petition for authority to manage the property. The petition shall state:
(1) the circumstances of the guardian’s appointment;
(2) a description of the property and its estimated value; and

(3) the indebtedness, if any, existing against the ward in this state.
(b) Designation of Resident Agent. The guardian shall designate a resident agent as required by these rules.
(c) Oath. The guardian shall file an oath as required by these rules.
(d) Filing of Authenticated Copies. The guardian shall file authenticated copies of:
(1) letters of guardianship or other authority to act as guardian; and
(2) bond or other security, if any.
(e) Order. The court shall determine if the foreign bond or other security is sufficient to guarantee the faithful management of the ward’s property in this state. The court may require a new guardian’s bond in this state in an amount it deems necessary. The order shall authorize the guardian to manage the property and shall specifically describe the property.

(a) Petition for Appointment of Standby Guardian for Minor.
(1) Contents. A minor’s guardian or the natural guardians of a minor may petition for the appointment of a standby guardian of the person or property of the minor. The petition shall be verified by the petitioner and shall state:
(A) the facts to establish venue;
(B) the petitioner’s residence and post office address;
(C) the name, age, and residence and post office address of the minor;
(D) the names and addresses of the parents of the minor and, if none, the next of kin known to the petitioner;
(E) the name and residence and post office address of the proposed standby guardian, and that the proposed standby guardian is qualified to serve;
(F) the proposed standby guardian’s relationship to and any previous association with the minor;
(G) the reasons why the proposed standby guardian should be appointed; and
(H) the nature and value of the property subject to the guardianship.

(2) Notice and Waiver of Notice. Notice of the hearing on the petition must be served on the parents, natural or adoptive, of the minor and on any guardian for the minor. Notice may be waived by those required to receive notice or by the court for good cause.
(b) Petition for Appointment of Standby Guardian for Incapacitated Person.
(1) Contents. A currently serving guardian may petition for the appointment of a standby guardian of the person or property of an incapacitated person. The petition shall be verified by the petitioner and shall state:
(A) the petitioner’s residence and post office address;
(B) the name, age, and residence and post office address of the incapacitated person;
(C) the nature of the incapacity, the extent of guardianship, either limited or plenary, and the nature and value of property subject to the guardianship;
(D) the names and addresses of the next of kin of the incapacitated person known to the petitioner;
(E) the name and residence and post office address of the proposed standby guardian, and that the proposed standby guardian is qualified to serve;
(F) the proposed standby guardian’s relationship to and any previous association with the incapacitated person; and
(G) the reasons why the proposed standby guardian should be appointed.
(2) Notice. Notice of the hearing on the petition must be served on the incapacitated person’s next of kin.
(c) Petition for Confirmation.

(1) Contents. A standby guardian, not later than 20 days after the assumption of duties as guardian, shall petition for confirmation of appointment. The petition shall be verified by the petitioner and shall state:
(A) the petitioner’s residence and post office address;
(B) the name, age, and residence and post office address of the adult incapacitated person or initials, year of birth, and residence address of minor;
(C) the nature of the incapacity, the extent of guardianship, either limited or plenary, and the nature and value of property subject to the guardianship;
(D) the names and addresses of the next of kin of the incapacitated person or minor known to the petitioner;
(E) the name and residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve;
(F) the proposed guardian’s relationship to and any previous association with the incapacitated person or minor;
(G) the reasons why appointment of the proposed guardian should be confirmed; and
(H) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the educational requirements of section 744.2002, Florida Statutes.
(2) Service. The petition for confirmation and notice of hearing shall be served on the incapacitated person’s next of kin a reasonable time before the hearing on the petition or other pleading seeking confirmation of the guardian.

(a) Petition for Designation of Surrogate Guardian. A guardian may file a petition to designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. The surrogate must be a professional guardian. The petition shall state:
(1) the name and business address of the surrogate guardian;
(2) the requested duration of the appointment; and
(3) the powers to be exercised by the surrogate guardian.
(b) Service. The petition for appointment of a surrogate guardian shall be served on all interested persons and the ward, unless the ward is a minor.
(c) Oath. The surrogate guardian must file with the court an oath swearing or affirming that the surrogate guardian will faithfully perform the duties delegated.
(d) Termination. Prior to the expiration of the period granted by court order, the guardian may terminate the authority of the surrogate guardian by filing a written notice of the termination with the court and serving it on the surrogate guardian.

(a) Petition for Appointment of Emergency Temporary Guardian. Prior to appointment of a guardian but after a petition for determination of incapacity has been filed, the alleged incapacitated person or any adult interested in the welfare of that person may petition for the appointment of an emergency temporary guardian of the person or property. The petition shall be verified and shall state:
(1) the petitioner’s residence and post office address;
(2) the name, age, and residence and post office address of the alleged incapacitated person;
(3) that there appears to be imminent danger that the physical or mental health or safety of the alleged incapacitated person will be seriously impaired or that the alleged incapacitated person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken;
(4) the nature of the emergency and the reason immediate action must be taken;
(5) the extent of the emergency temporary guardianship, either limited or plenary, requested for the alleged incapacitated person, and, if known, the nature and value of the property to be subject to the emergency temporary guardianship;
(6) the names and addresses of the next of kin of the alleged incapacitated person known to the petitioner;
(7) the name and residence and post office address of the proposed emergency temporary guardian, and that the proposed emergency temporary guardian is qualified to serve, or that a willing

and qualified emergency temporary guardian has not been located, and;
(8) the proposed emergency temporary guardian’s relationship to or any previous association with the alleged incapacitated person.
(b) Notice. Notice of filing of the petition for appointment of an emergency temporary guardian and hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.
(c) Service on Public Guardian. If the petitioner requests appointment of the public guardian as emergency temporary guardian, a copy of the petition and notice shall be served on the public guardian.
(d) Order. The order appointing the emergency temporary guardian shall specify the powers and duties of the emergency temporary guardian.
(e) Extension of Authority. Prior to the expiration of the authority of the emergency temporary guardian, any interested person may file a verified petition for extension of authority of the emergency temporary guardian. The petition must show that the conditions that warranted the initial appointment of the emergency temporary guardian still exist. The petition shall be served on the ward’s attorney and on the emergency guardian.
(f) Final Report. An emergency temporary guardian shall file a final report no later than 30 days after the expiration of the emergency temporary guardianship. A copy of the final report shall be served on the successor guardian, if any, the ward, and the ward’s attorney. With approval of the court, service on the ward may be accomplished by serving the attorney for the ward.

(1) If the emergency temporary guardian is a guardian of the property, the final report shall consist of a verified inventory of the ward’s property as of the date letters of emergency temporary guardianship were issued, a final accounting that gives a full and correct account of the receipts and disbursements of all the ward’s property over which the guardian had control, and a statement of the property on hand at the end of the emergency temporary guardianship.
(2) If the emergency temporary guardian is a guardian of the person, the final report shall summarize the activities of the guardian with regard to residential placement, medical condition, mental health and rehabilitative services, and the social condition of the ward to the extent of the authority granted to the emergency temporary guardian.
(3) If the emergency temporary guardian becomes the successor guardian of the property or person of the ward, the final report must satisfy the requirements of, and shall serve as, the initial report of the guardian of the property or person of the ward, as the case may be, as set forth in rule 5.690.

(a) Petition for Appointment of Guardian Advocate. A petition to appoint a guardian advocate for a person with a developmental disability may be executed by an adult person who is a resident of this state. The petition must be verified by the petitioner and must state:
(1) the name, age, and present address of the petitioner and the petitioner’s relationship to the person with a developmental disability;
(2) the name, age, county of residence, and present address of the person with a developmental disability;
(3) that the petitioner believes that the person needs a guardian advocate and the factual information on which the belief is based;
(4) the exact areas in which the person lacks the ability to make informed decisions about the person’s care and treatment services or to meet the essential requirements for the person’s physical health or safety;
(5) the legal disabilities to which the person is subject;
(6) if authority is sought over any property of the person, a description of that property and the reason why management or control of that property should be placed with a guardian advocate;

(7) the name of the proposed guardian advocate, the relationship of the proposed guardian advocate to the person with a developmental disability, the relationship of the proposed guardian advocate with the providers of health care services, residential services, or other services to the person with developmental disabilities, and the reason why the proposed guardian advocate should be appointed. If a willing and qualified guardian advocate cannot be located, the petition must so state;
(8) whether the petitioner has knowledge, information, or belief that the person with a developmental disability has executed a designation of health case surrogate or other advance directive under chapter 765, Florida Statutes, or a durable power of attorney under chapter 709, Florida Statutes, and if the person with a development disability has executed any of the foregoing documents, an explanation as to why the documents are insufficient to meet the needs of the individual;
(9) whether the petitioner has knowledge, information, or belief that the person with a developmental disability has a preneed guardian designation;
(10) whether authority is sought to seek periodic support of the person with a developmental disability; and
(11) whether the person with a developmental disability uses assistance to exercise the rights of the person, including, but not limited to, supported decisionmaking agreements, and if so, why the assistance is inappropriate or insufficient to allow the person to independently exercise the person’s rights.
(b) Notice.
(1) Notice of the filing of the petition must be given to the person with a developmental disability, both verbally and in writing, in the language of the person and in English. Notice must also be given to the person with a developmental disability’s next of kin, any designated health care surrogate, an agent designated in a durable power of attorney, and any other persons as the court may

direct. The petition to appoint a guardian advocate must be served with the notice.
(2) The notice must state that a hearing will be held to inquire into the capacity of the person with a developmental disability to exercise the rights enumerated in the petition. The notice must also state the date of the hearing on the petition.
(3) The notice must state that the person with a developmental disability has the right to be represented by counsel of the person’s own choice and, the court must initially appoint counsel.
(c) Counsel. Within 3 days after a petition has been filed, the court must appoint an attorney to represent a person with a developmental disability who is the subject of a petition to appoint a guardian advocate. The person with a developmental disability may substitute the person’s own attorney for the attorney appointed by the court.
(d) Order. If the court finds the person with a developmental disability requires the appointment of a guardian advocate, the order appointing the guardian advocate must contain findings of facts and conclusions of law, including:
(1) the nature and scope of the person’s inability to make decisions;
(2) the exact areas in which the person lacks ability to make informed decisions about care and treatment services or to meet the essential requirements for the individual’s physical health and safety;
(3) if any property of the person is to be placed under the management or control of the guardian advocate, a description of that property, any limitations as to the extent of such management or control, and the reason why management or control by the guardian advocate of that property is in the best interest of the person;

(4) if the person has executed a designation of health care surrogate, other advance directive, or durable power of attorney, a determination as to whether the documents sufficiently address the needs of the person and a finding that the advance directive or durable power of attorney does not provide an alternative to the appointment of a guardian advocate that sufficiently addresses the needs of the person with a developmental disability;
(5) if a durable power of attorney exists, the powers of the agent, if any, that are suspended and granted to the guardian advocate;
(6) if an advance directive exists and the court determines that the appointment of a guardian advocate is necessary, the authority, if any, the guardian advocate exercises over the health care surrogate;
(7) if the person may exercise rights with assistance, and the rights for which the person lacks decisionmaking ability;
(8) the specific legal disabilities to which the person with a developmental disability is subject;
(9) the name of the person selected as guardian advocate; and
(10) the powers, duties, and responsibilities of the guardian advocate, including bonding of the guardian advocate as provided by law.
(e) Issuance of Letters. After compliance with all of the foregoing, letters of guardian advocacy must be issued to the guardian advocate.

(a) Resignation and Petition for Discharge. A guardian seeking to resign shall file a resignation and petition for discharge.
(b) Contents. The resignation and petition for discharge shall state:

(1) that the guardian wishes to resign and be relieved of all duties as guardian:
(2) the amount of compensation to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian; and
(3) the names and addresses of the successor guardian and the successor guardian’s attorney, or that a successor guardian has not yet been appointed or duly qualified.
(c) Final Report. A resigning guardian of the property shall 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 assets to be turned over to the successor guardian.
(d) Notice. A notice shall be served stating that:
(1) any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based;
(2) any objection to the resignation, petition for discharge, or final report shall be filed within 30 days from the date of service of the petition for discharge; and
(3) within 90 days after filing of the objection, a notice of hearing thereon shall be served or the objection is abandoned.
(e) Service. A copy of the resignation, petition for discharge, final report, and notice of resignation and petition for discharge shall be served on the ward, any surety on the guardian’s bond, any successor guardian, and such other persons as the court may direct.
(f) Objections. Objections shall be in the form and be filed within the time set forth in the notice of resignation and petition for

discharge. A copy of the objections shall be served by the objector on the ward, all guardians, any surety on the guardian’s bond, and any successor guardian.
(g) Disposition of Objections. Any interested person may set a hearing on the objections. Notice of the hearing shall be served on the guardian, the successor guardian, if any, 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.
(h) Discharge. The guardian’s resignation shall not be accepted and the guardian shall not be discharged until all objections have been withdrawn, abandoned, or judicially resolved and a successor guardian has been appointed and duly qualified. After all objections have been withdrawn, abandoned, or judicially resolved, if the court is satisfied that the resigning guardian has faithfully discharged the duties of the guardianship and the interests of the ward are protected, and the resigning guardian of the property has delivered the assets of the ward, all guardianship records, and all money due to the ward from the guardian to the remaining or successor guardian, the court shall enter an order accepting resignation of guardian and granting discharge.
(i) Disqualification. Any guardian who is improperly appointed, or who becomes disqualified to act after appointment, shall immediately file a resignation and petition for discharge and proceed in accordance with this rule.
(j) Nonresident Guardians. Nonresident guardians appointed before October 1, 1989, shall not be automatically disqualified to serve and shall not be required to resign and initiate their own removal.
(k) Guardian Advocates. This rule shall apply to guardian advocates, except that a final report shall be required of a guardian advocate only if the guardian advocate’s authority included the management of the property of the person with a developmental disability.

(a) Notice. Proceedings for removal of a guardian may be instituted by a court, by any surety or other interested person, or by the ward, and formal notice of the petition for removal of a guardian must be served on all guardians, other interested persons, next of kin, and the ward. The pleading must state with particularity the reasons why the guardian should be removed.
(b) Accounting. A removed guardian must file with the court an accounting for the guardianship within 20 days after the guardian’s removal. A copy of the accounting must be served on the successor guardian and the ward, unless the ward is a minor or has been determined to be totally incapacitated.
(c) Transfer of Property and Records. The removed guardian (or the guardian’s heirs, personal representative, or surety) must turn over all the property of the ward in the removed guardian’s control and all guardianship records to the duly

qualified successor. The successor guardian must, or the ward may, demand of the removed guardian (or the guardian’s heirs, personal representative, or surety) all of those items.
(d) Failure to Comply. If a removed guardian fails to file a true, complete, and final accounting for the guardianship or to turn over to the successor all property of the ward in the removed guardian’s control and all guardianship records, the court must issue a show-cause order.
(e) Guardian Advocates. Subdivisions (b) through (d) of this rule must apply to guardian advocates only to the extent that the guardian advocate was granted authority over the property of the person with a developmental disability.

(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.
(b) Contents of Petition. The petition for discharge shall state:
(1) that the grounds set forth in subdivision (a) have occurred;
(2) that the guardian has fully administered the Florida guardianship; and
(3) the amount of compensation to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian.
(c) Final Report. The Florida guardian of the property shall 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.
(d) Notice. The Florida guardian of the property shall publish a notice as required by law, which shall state:
(1) the name of the ward;

(2) the file number of the guardianship;
(3) the designation and address of the court;
(4) the name and address of the guardian and the guardian’s attorney;
(5) the name and address of the foreign guardian and the foreign guardian’s attorney, if any;
(6) the date of first publication;
(7) that a petition for discharge has been filed upon the grounds of change of domicile of the ward;
(8) the date the guardian will apply for discharge;
(9) that the jurisdiction of the ward will be transferred to the foreign jurisdiction;
(10) that any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based;
(11) that any objection to the final report or the petition for discharge shall 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) that within 90 days after filing of the objection, a notice of hearing thereon shall be served or the objection is abandoned.
(e) Service. A copy of the petition for discharge and of the notice of petition for discharge shall be served on the foreign guardian and such other persons as the court may direct.
(f) Objections. Objections shall be in the form and be filed within the time set forth in the notice of petition for discharge. A

copy of the objections shall be served by the objector on the Florida guardian and the foreign guardian.
(g) Disposition of Objections. Any interested person may set a hearing on the objections. Notice of the hearing shall 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.
(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 shall enter an order of discharge.

(a) Petition for Discharge. When the ward has become sui juris, has terminated a voluntary guardianship, has been restored to capacity, has had all rights restored, or has died, or when the guardian has been unable to locate the ward after diligent search, or, for a guardian of the property, when the property subject to the guardianship has been exhausted, the guardian shall file a petition for discharge. A guardian of the person is discharged without further proceeding upon filing a certified copy of the ward’s death certificate.
(b) Contents of Petition. The petition for discharge shall state:
(1) the reason for termination of the guardianship;
(2) that the guardian has fully administered the guardianship; and
(3) the amount of unpaid and anticipated costs and fees to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian.
(c) Final Report. The guardian of the property shall promptly file a final report. If the ward has died, the guardian must file the report no later than 45 days after he or she has been served with letters of administration, letters of curatorship, or an order of summary administration. The report shall show receipts, disbursements, amounts reserved for unpaid and anticipated disbursements, costs, and fees, including the amounts set forth in subdivision (b)(3), 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 person entitled to them.
(d) Notice. A notice shall be served stating:

(1) that any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based;
(2) that any objection to the final report or the petition for discharge shall be filed within 30 days from the date of service of the petition for discharge; and
(3) that within 90 days after filing of the objection, a notice of hearing thereon shall be served or the objection is abandoned.
(e) Service. The guardian applying for discharge shall serve a copy of the petition for discharge and final report on the ward, on the personal representative of a deceased ward, or if there are no assets justifying qualification of a personal representative for the estate of a deceased ward, on the known next of kin of the deceased ward, or such other persons as the court may direct; provided however, that a guardian of the property who is subsequently appointed personal representative shall serve a copy of the petition for discharge and final report on all beneficiaries of the ward’s estate.
(f) Objections. All persons served shall have 30 days to file objections to the petition for discharge and final report. The objections shall state with particularity the items to which the objections are directed and shall state the grounds on which the objections are based. Copies of the objections shall be served by the objector on the guardian. Any interested person may set a hearing on the objections. Notice of the hearing shall be served on the 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. The guardian may not be discharged until all objections have been withdrawn, abandoned, or judicially resolved, and the petition for discharge of the guardian is granted by the court.
(g) Discharge. The guardian may not be discharged until all objections are withdrawn, abandoned, or judicially resolved. After

all objections are withdrawn, abandoned, or judicially resolved, and if it appears that the guardian has paid all amounts reserved to the persons entitled to them and has made full and complete distribution of the ward’s assets to the persons entitled to them and has otherwise faithfully discharged the duties of the guardian, the court shall grant the petition for discharge and enter an order of discharge. If objections are filed and are not withdrawn, abandoned, or judicially resolved, the court shall conduct a hearing in the same manner as for a hearing on objections to annual guardianship plans. After hearing, if the court is satisfied that the guardian has faithfully discharged the duties of the guardianship and the interests of the ward are protected, and the guardian has rendered a complete and accurate final report and has delivered the assets of the ward to the person entitled to them, the court shall enter an order of discharge.

(a) Suggestion of Restoration of Rights. A suggestion of restoration of rights of a person with a developmental disability may be executed by any interested person, including the person with a developmental disability. The suggestion must contain:
(1) a statement that the person with a developmental disability is capable of exercising some or all of the rights that were granted to the guardian advocate;
(2) if other assistance, including supported decisionmaking agreements, is an alternative to the continued appointment of a guardian advocate;
(3) evidentiary support for the filing as provided by law; and
(4) the name and address of the attorney representing the person with a developmental disability, if any, known to the petitioner.
(b) Counsel. Within 3 days after the suggestion has been filed, the court must appoint an attorney to represent a person with a developmental disability who is not then represented by counsel as stated in the suggestion.

(c) Notice. On filing of the suggestion, if the name and address of the attorney representing the person with a developmental disability is listed in the suggestion, or on the appointment of counsel, if no name and address of an attorney are listed in the suggestion, the clerk must immediately send notice of the filing of the suggestion, together with the suggestion, to the person with a developmental disability, the person’s guardian advocate, the person’s attorney, the attorney for the guardian advocate, if any, and any other interested person as directed by the court. The notice must contain a statement that all objections to the suggestion must be filed within 20 days after service of the notice. Formal notice must be served on the guardian advocate. Informal notice may be served on the other persons. Notice need not be served on the petitioner. The clerk must file proof of service.
(d) Objections. 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. The objector must serve notice of hearing on the objection and the objection on the person with the developmental disability, the person’s attorney, the person’s guardian advocate, the attorney for the guardian advocate, if any, the next of kin of the person with a developmental disability, and any other interested persons as directed by the court.
(e) Order. The court must enter an order denying the suggestion or restoring all or some of the rights that were granted to the guardian advocate. If only some rights are restored to the person with a developmental disability, the order must state which rights are restored and amend the letters of guardian advocacy accordingly. The court need not hold a hearing before entering an order restoring rights if no objections are filed and the court is satisfied with the evidentiary support for restoration supplied by the petitioner.
(f) Additional Requirements. If personal rights are restored, the guardian advocate must file an amended plan within 60 days after the order restoring rights. If all property rights are restored, a guardian advocate previously granted management or

control over property must file a final accounting within 60 days after the order restoring rights. Any amended plan and accounting must be promptly served on the person with a developmental disability and the person’s attorney.

(a) Reporting by Guardian. The guardian shall promptly file a report attaching a copy of a final order or judgment that determines the validity of a ward’s durable power of attorney, trust, or trust amendment.
(b) Petition. At any time after the appointment of a guardian, the guardian, the ward, the ward’s attorney, if any, or any other interested person may file a verified petition stating that there is an alternative to guardianship that will sufficiently address the problems of the ward.
(c) Contents of Petition. The petition to determine alternatives to guardianship shall state:

(1) the petitioner’s interest in the proceeding; and
(2) the facts constituting the basis for the relief sought and that the proposed alternative to guardianship will sufficiently address the problems of the ward and is in the ward’s best interest.
(d) Service. The petition shall be served on the guardian, the ward, the ward’s attorney, if any, those interested persons who have filed requests for notices and copies of pleadings, and such other persons as the court may direct.
(e) Order. The order shall specify whether there is an alternative to guardianship that will sufficiently address the problems of the ward, the continued need for a guardian, and the extent of the need for delegation of the ward’s rights.

(a) Contents and Filing. An initial guardianship report shall be filed within 60 days after the issuance of letters of guardianship. The guardian of the property shall file the initial guardianship report consisting of the verified inventory. The guardian of the person shall file the initial guardianship report consisting of the guardianship plan.
(b) Service. Copies of the initial guardianship report shall be served on the ward, unless the ward is a minor under the age of 14

years or is totally incapacitated, and the attorney for the ward, if any. With approval of the court, service on the ward may be accomplished by serving the attorney for the ward.

(a) Contents and Filing.
(1) Guardian of the Person. Unless the court requires reporting on a calendar-year basis, the guardian of the person shall file an annual guardianship plan within 90 days after the last day of the anniversary month in which the letters of guardianship were signed. The plan shall include the mailing address, phone number, and e-mail address of the guardian, and:
(A) the residence address of an individual guardian; or
(B) the office address of a corporate or public guardian.

The plan must cover the coming fiscal year ending on the last day of such anniversary month. If the court requires calendar-year reporting, the guardianship plan for the forthcoming year must be filed on or before April 1 of each year.
(2) Guardian of the Property. Unless the court requires or authorizes reporting on a fiscal year basis, the guardian of the property shall file an annual accounting on or before April 1 of each year. The plan shall include the mailing address, phone number, and e-mail address of the guardian, and:
(A) the residence address of an individual guardian; or
(B) the office address of a corporate or public guardian. The annual accounting shall cover the preceding annual accounting period. If the court requires or authorizes reporting on a fiscal year basis, the annual accounting shall be filed on or before the first day of the fourth month after the end of the fiscal year.
(b) Service. Copies of the annual plan and accounting shall be served on the ward, unless the ward is a minor or is totally incapacitated, and the attorney for the ward, if any. With the approval of the court, service on the ward may be accomplished by serving the attorney for the ward. The guardian shall serve copies on such other persons as the court may direct.

(a) Applicability. This rule applies to all guardian accountings required under Chapter 744, Florida Statutes, other than a simplified accounting permitted under section 744.3679, Florida Statutes.
(b) Contents. A guardian accounting shall include:
(1) a statement of the starting balance of assets on hand at the beginning of the accounting period which shall be the ending balance of the preceding accounting, or if none, the value of assets on the inventory;

(2) a full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control since the date of the last accounting or, if none, from the date of issuance of letters of guardianship;
(3) a schedule of assets at the end of the accounting period; and
(4) in the case of annual accountings, a copy of the annual or year-end statement of all of the ward’s cash accounts from each of the institutions where the cash is deposited.
(c) Accounting Standards. The following standards are required for the accounting of all transactions occurring on or after January 1, 2017:
(1) Accountings shall be stated in a manner that is understandable to persons who are not familiar with practices and terminology peculiar to the administration of guardianships.
(2) The accounting shall begin with a concise summary of its purpose and content.
(3) The accounting shall contain sufficient information disclosing all significant transactions affecting administration during the accounting period.
(4) The accounting shall contain 2 values in the schedule of assets at the end of the accounting period, the asset acquisition value or carrying value, and estimated current value.
(5) Gains and losses incurred during the accounting period shall be shown separately in the same schedule.
(d) Accounting Format. A model format for an accounting is attached to this rule as Appendix A.
(e) Verification. All accountings shall be verified by the guardian filing the accounting.

(f) Substantiating Documents. Unless otherwise ordered by the court, the guardian need not file the documents substantiating the guardian accounting. Upon reasonable written request, the guardian of the property shall make the substantiating documents available for examination to persons entitled to receive or inspect the guardian accounting.
(g) Interim Inspection of Records. Upon reasonable written request and notice, the guardian of the property shall make all material financial records pertaining to the guardianship available for inspections to those persons entitled to receive or inspect the guardian accounting.

(a) General Magistrates. The court may appoint general magistrates to review guardianship inventories, accountings, and plans. General magistrates shall be members of The Florida Bar and shall continue in office until removed by the court. The order appointing a general magistrate shall be recorded. Each general magistrate shall take the oath required of officers of the court by the Florida Constitution. The oath shall be recorded before the magistrate begins to act.
(b) Special Magistrates. In connection with the court’s review of guardianship inventories, accountings, and plans, the court may appoint members of The Florida Bar as special magistrates for any particular service required by the court. Special magistrates shall be governed by all laws and rules relating to general magistrates except special magistrates shall not be required to take an oath unless specifically required by the court. For good cause shown, the court may appoint a person other than a member of The Florida Bar as a special magistrate.
(c) General Powers and Duties. Every magistrate shall act under the direction of the court. Process issued by a magistrate shall be directed as provided by law. All grounds for disqualification of a judge shall apply to magistrates.
(d) Hearings. Hearings before any magistrate may be held in the county where the action is pending, or at any other place by order of the court for the convenience of the witnesses or the parties. A magistrate shall give notice of hearings to all parties. If any party fails to appear, the magistrate may proceed ex parte or may continue the hearing to a future day, with notice to the absent party. The magistrate shall proceed with reasonable diligence and the least practicable delay. Any party may apply to the court for an order directing the magistrate to accelerate the proceedings and to make a report promptly. Evidence shall be taken in writing or by electronic recording by the magistrate or by some other person under the magistrate’s authority in the magistrate’s presence and

shall be filed with the magistrate’s report. The magistrate may examine and take testimony from the parties and their witnesses under oath, on all matters authorized by the court for review by the magistrate and may require production of all books, papers, writings, vouchers, and other documents applicable to those matters. The magistrate shall admit only evidence that would be admissible in court. The magistrate may take all actions concerning evidence that may be taken by the court.
(e) Magistrate’s Report. The magistrate’s report shall contain a description of the matters considered and the magistrate’s conclusions and any recommendations. No part of any statement of facts, account, charge, deposition, examination, or answer used before the magistrate shall be recited. The magistrate shall be required to file a report only if a hearing is held pursuant to subdivision (d) of this rule or if specifically directed to do so by the court.
(f) Filing Report; Service; Exceptions. The magistrate shall file a report with the court and serve copies on the parties. The parties may serve exceptions to the report within 10 days from the date the report is served on them. If no exceptions are timely filed, the court shall take appropriate action on the report. All timely filed exceptions shall be heard by the court on reasonable notice by any party.

(a) Objections. The ward, or any other interested person, may file an objection to any part of a guardianship report within the time provided by law.
(b) Contents. Any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based.
(c) Service. The objector shall serve a copy of the objection on each guardian and on any other person as directed by the court.

(a) Contents. A petition for interim judicial review shall be verified, state the petitioner’s interest in the proceeding, state with particularity the manner in which the guardian’s action or proposed action does not comply with or exceeds the guardian’s authority under the guardian plan, or state that the guardian is acting in a manner contrary to section 744.361, Florida Statutes, and state why the action, proposed action, or conduct of the guardian is not in the best interest of the ward.
(b) Service. The petition shall be served by formal notice.
(c) Hearing. The petitioner or any interested person may set the matter for hearing.
(d) Expedited Proceedings. For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing.

The public guardian, as the guardian of a ward, shall file:
(a) an initial report as required by law;
(b) annual guardianship reports, which shall include the dates of quarterly visits to the ward, as required by law;
(c) a report within 6 months of his or her appointment as guardian of a ward, which shall also be filed with the executive director of the Office of Public and Professional Guardians, stating:
(1) the public guardian’s efforts to locate a family member or friend, other person, bank, or corporation to act as guardian of the ward; and
(2) the ward’s potential to be restored to capacity;
(d) an annual report, filed with the Office of Public and Professional Guardians, by September 1 for the preceding fiscal year, on the operations of the office of public guardian; and
(e) a report of an independent audit by a qualified certified public accountant, to be filed with the Office of Public and Professional Guardians every 2 years.

(a) Appointment. Upon motion or inquiry by any interested person or upon its own motion, the court may appoint a court monitor in any proceeding over which it has jurisdiction.
(b) Order of Appointment. The order of appointment shall state the name, address, and phone number of the monitor and shall set forth the matters to be investigated. The order may authorize the monitor to investigate, seek information, examine documents, or interview the ward. The order of appointment shall

be served upon the guardian, the ward, and such other persons as the court may determine.
(c) Report. The monitor shall file a verified written report with the court setting forth the monitor’s findings. The report shall be served on the guardian, the ward, and such other persons as the court may determine.
(d) Protection of Ward. If it appears from the monitor’s report that further action by the court to protect the interests of the ward is necessary, the court shall, after a hearing with notice, enter any order necessary to protect the ward or the ward’s property, including amending the plan, requiring an accounting, ordering production of assets, or initiating proceedings to remove a guardian. Notice of the hearing shall be served on the guardian, the ward, and such other persons as the court may determine.

(a) Appointment. Upon motion or inquiry by any interested person or upon its own motion, the court may appoint a court monitor on an emergency basis without notice in any proceeding over which it has jurisdiction.
(b) Order of Appointment. The order of appointment shall specifically find that there appears to be imminent danger that the physical or mental health or safety of the ward will be seriously impaired or that the ward’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The scope of the matters to be investigated and the powers and duties of the monitor must be specifically enumerated in the order.
(c) Duration of Authority. The authority of a monitor expires 60 days after the date of appointment or upon a finding of no probable cause, whichever occurs first. The court may enter an order extending the authority of the monitor for an additional 30 days upon a showing that an emergency condition still exists.
(d) Report. Within 15 days after the entry of an order of appointment, the monitor shall file a verified written report setting forth the monitor’s findings and recommendations. The report may be supported by documents or other evidence. The time for filing the report may be extended by the court for good cause.
(e) Review. Upon review of the report, the court shall enter an order determining whether there is probable cause to take further action to protect the person or property of the ward.
(1) If the court finds no probable cause, the court shall enter an order finding no probable cause and discharging the monitor.
(2) If the court finds probable cause, the court shall enter an order directed to the respondent stating the essential facts constituting the conduct charged and requiring the respondent to appear before the court to show cause why the court should not

take further action. The order shall specify the time and place of the hearing with a reasonable time to allow for the preparation of a defense after service of the order. A copy of the order to show cause together with the order of appointment and report of the monitor shall be served upon the guardian, the ward, the ward’s attorney, if any, and the respondent.
(f) Protecting Ward. If at any time prior to the hearing on the order to show cause the court enters a temporary injunction, a restraining order, an order freezing assets, an order suspending the guardian or appointing a guardian ad litem, or any other order to protect the physical or mental health, safety, or property of the ward, the order or injunction shall be served on the guardian, the ward, the ward’s attorney, if any, and such other persons as the court may determine.

(a) Prior Adjudication of Incompetency. When an adjudication of incompetency has taken place under chapter 744, Florida Statutes, before October 1, 1989, no readjudication of incapacity shall be required.

(b) Annual Guardianship Reports. Guardians appointed before October 1, 1989, shall file annual guardianship reports as required by law.

(a) Petition. Any proceeding for expedited judicial intervention concerning medical treatment procedures may be brought by any interested adult person and shall be commenced by the filing of a verified petition which states:
(1) the name and address of the petitioner;
(2) the name and location of the person who is the subject of the petition (hereinafter referred to as the “patient”);
(3) the relationship of the petitioner to the patient;
(4) the names, relationship to the patient, and addresses if known to the petitioner, of:
(A) the patient’s spouse and adult children;
(B) the patient’s parents (if the patient is a minor);
(C) if none of the above, the patient’s next of kin;

(D) any guardian and any court-appointed health care decision-maker;
(E) any person designated by the patient in a living will or other document to exercise the patient’s health care decision in the event of the patient’s incapacity;
(F) the administrator of the hospital, nursing home, or other facility where the patient is located;
(G) the patient’s principal treating physician and other physicians known to have provided any medical opinion or advice about any condition of the patient relevant to this petition; and
(H) all other persons the petitioner believes may have information concerning the expressed wishes of the patient; and
(5) facts sufficient to establish the need for the relief requested, including, but not limited to, facts to support the allegation that the patient lacks the capacity to make the requisite medical treatment decision.
(b) Supporting Documentation. Any affidavits and supporting documentation, including any living will or designation of health care decision-maker, shall be attached to the petition.
(c) Notice. Unless waived by the court, notice of the petition and the preliminary hearing shall be served on the following persons who have not joined in the petition or otherwise consented to the proceedings:
(1) the patient;
(2) the patient’s spouse and the patient’s parents, if the patient is a minor;
(3) the patient’s adult children;

(4) any guardian and any court-appointed health care decision-maker;
(5) any person designated by the patient in a living will or other document to exercise the patient’s health care decision in the event of the patient’s incapacity;
(6) the administrator of the hospital, nursing home, or other facility where the patient is located;
(7) the patient’s principal treating physician and other physicians believed to have provided any medical opinion or advice about any condition of the patient relevant to this petition;
(8) all other persons the petitioner believes may have information concerning the expressed wishes of the patient; and
(9) such other persons as the court may direct.
(d) Hearing. A preliminary hearing on the petition shall be held within 72 hours after the filing of the petition. At that time the court shall review the petition and supporting documentation. In its discretion the court shall either:
(1) rule on the relief requested immediately after the preliminary hearing; or
(2) conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule on the relief requested immediately after the evidentiary hearing.

INCAPACITY PURSUANT TO FLORIDA PROBATE RULE 5.550 In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Respondent’s Name An Alleged Incapacitated Person

PETITION TO DETERMINE INCAPACITY Petitioner, .....(name of petitioner)....., files this petition seeking a determination of incapacity of the respondent and states:
1. Petitioner’s name: Petitioner’s age: Petitioner’s home address and mailing address:

Petitioner’s relationship to the respondent:
2. Respondent’s name: Respondent’s age: Respondent’s home address, mailing address, county of residence:

Primary language of the respondent:

3. The factual basis for alleging incapacity:

4. List all persons, with their name and address, known to have information relating to the basis for alleging incapacity:

5. Which rights are being sought to be removed under section 744.3215, Florida Statutes? Indicate which rights that the petitioner requests be removed from the respondent, but not delegated to a guardian: ( ) a. to marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval; ( ) b. to vote; ( ) c. to personally apply for government benefits; ( ) d. to have a driver license; ( ) e. to travel; and ( ) f. to seek or retain employment. Indicate which rights that the petitioner requests be removed from the respondent, but may be delegated to the guardian: ( ) a. to contract; ( ) b. to sue and defend lawsuits; ( ) c. to apply for government benefits; ( ) d. to manage property or to make any gift or disposition of property; ( ) e. to determine his or her residence; ( ) f. to consent to medical and mental health treatment; and

( ) g. to make decisions about his or her social environment or other social aspects of his or her life. If all of the above are checked a determination of plenary incapacity is requested. If only some of the above are checked a determination of limited incapacity is requested.
6. Is a guardianship being sought? Yes No Check any possible alternatives to guardianship: ( ) a. trust agreements; ( ) b. powers of attorney; ( ) c. designations of health care surrogates; ( ) d. other advance directives; or ( ) e. other If a guardianship is being sought, explain why the checked possible alternatives to guardianship are insufficient to meet the needs of the respondent:

7. List the names, addresses, phone numbers, and relationships of the living next of kin of the respondent, including date of birth if the person is a minor. If married, this includes the spouse and all of his or her children: Name Address Relationship
8. Name, address, and phone number of family physician, if known:

WHEREFORE, this court is respectfully requested to determine incapacity of the respondent, award attorney’s fees and costs pursuant to Chapter 744, Florida Statutes, and grant such other relief as the court deems just and proper.

Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed on .....(date)......

Petitioner’s Signature Petitioner’s Printed Name:

Petitioner’s Address:

Petitioner’s Phone Number: Petitioner’s E-mail Address:

(a) Petition. In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Respondent’s Name

PETITION FOR APPOINTMENT OF GUARDIAN Petitioner, , files this petition pursuant to section 744.1097, Florida Statutes, and alleges that:
1. The petitioner, proposed guardian .....(name)....., who is years of age, whose residential address is and post office address is . The relationship of the petitioner to the respondent is .
2. Venue is proper in .....(county)....., pursuant to section 744.1097(2), Florida Statutes, (choose one): ( ) a. the incapacitated person resides in .....(county)....., Florida; ( ) b. the incapacitated person is not a Florida resident but owns property in .....(county)....., Florida; or ( ) c. a debtor of the incapacitated person resides in .....(county)...., Florida and the incapacitated person is not a Florida resident and does not own property in Florida.
3. The nature of the incapacity of the respondent:

4. The extent of the guardianship requested for the respondent: ( ) a. plenary; or ( ) b. limited.
5. The guardianship requested for the respondent is (choose one): ( ) a. of the person; ( ) b. of the property; or ( ) c. of the person and property.
6. The nature and value of the property subject to guardianship:

7. The names and addresses of the living next of kin of the respondent are: Name Address Relationship
8. Choose one: ( ) a. the petitioner proposes that .....(name)..... be appointed as guardian and that .....(name)..... is qualified to serve; ( ) b. a willing and qualified guardian has not been located; or ( ) c. the proposed guardian is a professional guardian and has complied with the registration requirements of section 744.2002, Florida Statutes.
9. The proposed guardian should be appointed because:

10. There are or are not alternatives to the appointment of a guardian, such as trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed .....(date)...... Signature: Petitioner Name: Address:

Phone Number: E-mail Address:

(b) Order. In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Respondent’s Name

ORDER FOR APPOINTMENT OF GUARDIAN
1. By order of this court on .....(date)....., the respondent .....(name)..... was adjudicated incapacitated and is now a ward as defined in section 744.102(22), Florida Statutes. The extent of the incapacity is .....(plenary or limited)...... The ward retains the rights listed in section 744.3215(a), Florida Statutes.
2. No alternative to guardianship exists that sufficiently addresses the respondent’s needs.
3. A .....(plenary or limited)..... guardianship of the: ( ) a. person; ( ) b. property; or ( ) c. person and property is consistent with the respondent’s welfare and safety, is the least restrictive alternative, and reserves to the respondent the right to make decisions in all matters commensurate with the ward’s ability to do so.
4. .....(Name of guardian)..... is qualified to serve as .....(plenary or limited)..... guardian of the: ( ) a. person; ( ) b. property; or

( ) c. person and property of the ward
5. ( ) a. .....(Name of guardian)..... is the standby guardian or preneed guardian; ( ) b. there is no standby guardian or preneed guardian; ( ) c. there is a standby guardian or preneed guardian, but such person is not qualified to serve pursuant to section 744.309, Florida Statutes; or ( ) d. there is a standby guardian or preneed guardian, but appointment of such person is contrary to the best interests of the ward because:

6. Any additional facts that support the selection of guardian:

7. ( ) a. No advance directive exists; ( ) b. the following advance directive exists and is entitled .....(name of advance directive)..... and is dated .....(date of advance directive).....; ( ) c. the advance directive is being revoked or modified and the surrogate under the advance directive entitled .....(name of advance directive)..... and is dated .....(date of advance directive)..... was given notice of this proceeding and any motion to revoke or modify the advance directive; or ( ) d. if the advance directive is being revoked or modified the facts supporting the revocation or modification:

ORDERED and ADJUDGED as follows:
8. The court hereby appoints .....(name of guardian)..... as the.....(plenary or limited)..... guardian of the: ( ) a. person;

( ) b. property; or ( ) c. person and property of the ward.
9. The guardian may exercise only those delegable rights that have been removed from the ward and specifically delegated to the guardian, which are: ( ) a. to contract; ( ) b. to sue and defend lawsuits; ( ) c. to apply for government benefits; ( ) d. to manage property or to make any gift or disposition of property; ( ) e. to determine the ward’s residence; ( ) f. to consent to medical and mental health treatment; and ( ) g. to make decisions about the ward’s social environment or other social aspects of the ward’s life.
10. The guardian may not exercise the following rights, even if such rights were removed from the ward: a. to marry; b. to vote; c. to personally apply for government benefits; d. to have a driver license; e. to travel; and f. to seek or retain employment.
11. The amount of the bond to be given by the guardian is:
12. The guardian: ( ) a. must; or

( ) b. is not required to place all, or part, of the property of the ward in a restricted account in a financial institution designated pursuant to section 69.031, Florida Statutes.
13. ( ) a. No known advance directive exists; ( ) b. the advance directive entitled .....(name of advance directive)..... and is dated .....(date of advance directive)..... is being modified or revoked as follows: ( ) i. the surrogate shall not continue to exercise any authority over the ward with regard to health care decisions; ( ) ii. the surrogate shall continue to exercise authority over the respondent with regard to health care decisions; ( ) iii. the surrogate shall exercise the following authority over the ward with regard to:

; or ( ) iv. The guardian shall exercise the following authority over the ward with regard to health care decisions:

14. The respondent .....(may or may not)..... have a license to carry a firearm or possess a weapon or firearm. ORDERED this .....(date)......

Judge

(a) Letters of Guardianship of the Person. FORM LETTERS OF GUARDIANSHIP OF THE PERSON In the Circuit Court of the Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of the Person

Ward An Incapacitated Person

LETTERS OF .....(PLENARY OR LIMITED)..... GUARDIANSHIP OF THE PERSON TO ALL WHOM IT MAY CONCERN: WHEREAS, .....(guardian’s name)..... has been appointed .....(plenary or limited)..... guardian of the person of .....(the ward)..... and has taken the prescribed oath and performed all other acts prerequisite to issuance of .....(plenary or limited)..... letters of guardianship of the person of the ward. NOW THEREFORE, I, the undersigned judge, declare .....(guardian’s name)..... duly qualified under the laws of the State of Florida to act as .....(plenary or limited)..... guardian of the person of .....(ward’s name)..... with full power to exercise all power or the following powers and duties pertaining to the ward’s person: ( ) 1. to determine his or her residence; ( ) 2. to consent to medical and mental health treatment; and ( ) 3. to make decisions about his or her social environment or other social aspects of his or her life;

except the guardian shall not exercise any rights enumerated under section 744.3215(1), Florida Statutes. The guardian shall not execute any power over any health care surrogate appointed by any valid advance directive executed by the ward, pursuant to section 744.345, Florida Statutes, except upon order of this court. ORDERED this .....(date)......

Judge

(b) Letters of Guardianship of the Property. FORM LETTERS OF GUARDIANSHIP OF THE PROPERTY In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of the Property

Ward An Incapacitated Person

LETTERS OF .....(PLENARY OR LIMITED)..... GUARDIANSHIP OF THE PROPERTY TO ALL WHOM IT MAY CONCERN: WHEREAS, .....(guardian’s name)..... has been appointed .....(plenary or limited)..... guardian of the property of .....(the ward)..... and has taken the prescribed oath and performed all other acts prerequisite to issuance of .....(plenary or limited)..... letters of guardianship of the property of the ward. NOW THEREFORE, I, the undersigned judge, declare .....(guardian’s name)..... duly qualified under the laws of the State of Florida to act as .....(plenary or limited)..... guardian of the property of .....(ward’s name)..... with full power to exercise all delegable legal rights and powers of the ward, (or these listed): ( ) 1. to contract; ( ) 2. to sue and defend lawsuits; ( ) 3. to apply for government benefits; and

( ) 4. to manage property or to make any gift or disposition of property; except the guardian shall not exercise any rights enumerated under section 744.3215(1), Florida Statutes. ORDERED on .....(date)......

Judge

(a) Initial Guardianship Plan for Minor. In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Minor Ward

INITIAL GUARDIANSHIP PLAN FOR MINOR .....(Guardian’s name)....., the guardian of the person of .....(ward’s name)....., submits the following annual plan for the period beginning on .....(beginning date)..... and ending on .....(ending date)....., for the benefit of the ward.
1. The ward’s address at the time of filing this plan is:

2. The medical, dental, mental, or personal care services for the welfare of the ward that will be provided during the upcoming year are: Provider Type of Service to be Provided

3. The social and personal services to be provided for the welfare of the ward during the upcoming year are:

4. The place and kind of residential setting best suited for the needs of the ward is:

5. The physical and/or mental examinations necessary to determine the ward’s medical, dental, and mental health treatment needs are:

6. Education of the ward: Name and address of the school the ward will attend:

Grade level of ward: Description of classes the ward will attend:
7. Consulting with ward (Check 1): ( ) a. The ward is under age 14; OR ( ) b. The guardian attests that the guardian has consulted with the ward (if ward is 14 years of age or older) and, to the extent reasonable, honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward.
8. This initial plan does not restrict the physical liberty of the ward more than is reasonably necessary to protect the ward from serious physical injury, illness, or disease and provides the ward with medical care and mental health treatment for the ward’s physical and mental health. (Please use additional sheets if necessary.)

Under penalties of perjury, I declare that I have completed and read the foregoing, and the facts set forth are true, to the best of my knowledge and belief. Signed on .....(date)...... [A certificate of service is required if ward is 14 years of age or older.] [I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by (e-mail) (delivery) (mail) (fax) on .....(date)…...]

Guardian’s Signature Guardian’s Printed Name:

Guardian’s Address:

Guardian’s Phone Number: Guardian’s E-mail Address: If the guardian is represented by counsel, the attorney must comply with Florida Rule of General Practice and Judicial Administration 2.515.

(b) Annual Guardianship Plan for Minor. In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Minor Ward

ANNUAL GUARDIANSHIP PLAN FOR MINOR .....(Guardian’s name)....., the guardian of the person of .....(ward’s name)....., submits the following annual plan for the period beginning on .....(beginning date)..... and ending on .....(ending date)......
1. The ward’s address at the time of filing this plan is: . During the prior 12 months, the ward resided at (include dates, names, addresses, and length of stay at each location): Date Name Address Length of stay
2. List any professional treatment (medical or dental) given to the ward during the prior 12 months: Date Provider Treatment provided

Date Provider Treatment provided
3. A report from the physician who examined the ward no more than 180 days before the beginning of the applicable reporting period that contains an evaluation of the ward’s physical and mental conditions has been filed with this plan. [See subdivision (e) of this rule for a format for a physician’s report.]
4. The plan for providing medical or dental services in the coming year:

5. A summary of the ward’s school progress report:

6. A description of the ward’s social development, including how well the ward communicates and maintains interpersonal relationships:

7. The social needs of the ward are:

8. Consulting with ward (Check 1): ( ) a. The ward is under age 14; OR ( ) b. The guardian attests that the guardian has consulted with the ward (if ward is 14 years of age or older) and, to the extent reasonable,

honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward. (Please use additional sheets if necessary.) Under penalties of perjury, I declare that I have completed and read the foregoing, and the facts set forth are true, to the best of my knowledge and belief. Signed on .....(date)...... [A certificate of service is required if ward is 14 years of age or older.] [I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by .....(email) (delivery) (mail) (fax)..... on .....(date)…...]

Guardian’s Signature Guardian’s Printed Name:

Guardian’s Address:

Guardian’s Phone Number: Guardian’s E-mail Address:

(c) Initial Guardianship Plan for Adult. In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Respondent’s Name Person with Developmental Disability

INITIAL GUARDIANSHIP PLAN (Initial Report of Guardian/Guardian Advocate) .....(Guardian’s name)....., the guardian of the person/guardian advocate of .....(ward’s name)....., the ward, submits the following initial plan: During the period beginning .....(beginning date)....., and ending on .....(ending date)....., the guardian proposes the following plan for the benefit of the ward.
1. The medical, mental, or personal care services for the welfare of the ward that will be provided during the upcoming year are: Provider Type of Service to be Provided
2. The social and personal services to be provided for the welfare of the ward during the upcoming year are:

3. The place and kind of residential setting best suited for the needs of the ward is:

4. Describe the health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward:

5. The physical and mental examinations necessary to determine the ward’s medical, and mental health treatment needs are:

6. The guardian/guardian advocate hereby attests that the guardian/guardian advocate has consulted with the ward and, to the extent reasonable, honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward.
7. This initial plan does not restrict the physical liberty of the ward more than is reasonably necessary to protect the ward from serious physical injury, illness, or disease and provides the ward with medical care and mental health treatment for the ward’s physical and mental health. (Please use additional sheets if necessary.)
8. The following is a list of preexisting orders not to resuscitate, health care surrogate decision, living will, or anatomical gift. # Title Date Suspended by Court (Yes or No) Steps Taken to Locate any Preexisting Document 1.

2. 3. (Please use additional sheets if necessary.) Under penalties of perjury, I declare that I have completed and read the foregoing, and the facts set forth are true, to the best of my knowledge and belief. Signed on .....(date)...... [A certificate of service is required unless ward has been declared totally incapacitated.] [I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by .....(email) (delivery) (mail) (fax)..... on .....(date)…...]

Guardian’s Signature Guardian’s Printed Name:

Guardian’s Address:

Guardian’s Phone Number: Guardian’s E-mail Address:

(d) Annual Guardianship Plan for Adult. In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Respondent’s Name Person with Developmental Disability

ANNUAL GUARDIANSHIP PLAN OF GUARDIAN/ GUARDIAN ADVOCATE OF THE PERSON .....(Guardian’s name)....., the guardian of the person/guardian advocate of .....(ward’s name)....., the ward, submits the following annual plan for the period beginning .....(beginning date)..... ending .....(ending date)......
1. The ward’s address at the time of filing this plan is:

2. During the prior 12 months, the ward resided or was maintained at (include dates, names, addresses, and length of stay at each location): Date Name Address Length of stay
3. The residential setting best suited for the current needs of the ward is (Check 1): ( ) a. group home;

( ) b. assisted living; ( ) c. nursing home; ( ) d. live with parents; ( ) e. at ward’s private residence; or ( ) f. other:
4. Plans for ensuring that the ward is in the best residential setting to meet the ward’s needs during the coming year are as follows:

5. The following is a list of any medical treatment given to the ward during the preceding year: Date Provider Treatment provided
6. Attached is a report of a physician who examined the ward no more than 90 days before the beginning of the reporting period, including that physician’s evaluation of the ward’s condition and a statement of the current level of capacity of the ward.
7. The plan for provision of medical, dental, mental health, and rehabilitative services (for example, occupational therapy, physical therapy, speech therapy, applied behavioral analysis) in the coming year is: Date Provider Service provided

8. The following information is submitted concerning the social condition of the ward: a. The ward is currently using the following social and personal services (include name, services rendered, and address of each provider), including any groups in which the ward is participating: Date Provider Service provided b. The following is a statement of the social skills of the ward, including how well the ward maintains interpersonal relationships with others:

c. The following is a description of the social needs of the ward, if any:

9. The following is a summary of activities during the preceding year designed to increase the capacity of the ward, including involvement in groups or group activities:

10. Is the ward now capable of having some or all of the ward’s rights restored? ( ) If yes, identify the rights that should be restored:

11. Do you plan to seek the restoration of any rights to the ward? ( ) If yes, identify the rights that you are seeking to be restored:

12. This plan has or has not been reviewed with the ward. (Please use additional sheets where necessary.)
13. The following is a list of preexisting orders not to resuscitate, health care surrogate designation, living will, or anatomical gift: # Title Date Suspended by Court? (Yes or No) Steps Taken to Locate any Preexisting Document 1. 2. 3. (Please use additional sheets if necessary.) Under penalties of perjury, I declare that I have completed and read the foregoing, and the facts set forth are true, to the best of my knowledge and belief. Signed on .....(date)...... [A certificate of service is required unless ward has been declared totally incapacitated.] [I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by .....(email) (delivery) (mail) (fax)..... on .....(date).…..]

Guardian’s Signature Guardian’s Printed Name:

Guardian’s Address:

Guardian’s Phone Number: Guardian’s E-mail Address: If the guardian is represented by counsel, the attorney must comply with Florida Rule of General Practice and Judicial Administration 2.515 (every document of a party represented by an attorney must be signed by at least 1 attorney of record).

(e) Physician’s Report. In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Respondent’s Name Person with Developmental Disability

PHYSICIAN’S REPORT (Required by section 744.3675, Florida Statutes)
1. Name of Physician: Address:

2. Name of ward:
3. Date of examination:
4. Purpose of examination: a. Regular checkup: b. Treatment for:
5. Evaluation of ward’s condition: (Specify mental and physical condition at time of examination)

6. Description of ward’s capacity to live independently:

7. The ward does does not continue to need assistance of a guardian.
8. Is the ward capable of being restored to capacity at this time? Yes No Are there any rights that can be restored at this time? Check any rights that can be restored: ( ) a. to marry; ( ) b. to vote; ( ) c. to personally apply for government benefits; ( ) d. to have a driver license; ( ) e. to travel; ( ) f. to seek or retain employment; ( ) g. to contract; ( ) h. to sue and defend lawsuits; ( ) i. to apply for government benefits; ( ) j. to manage property or to make any gift or disposition of property; ( ) k. to determine the ward’s residence; ( ) l. to consent to medical and mental health treatment; or ( ) m. to make decisions about the ward’s social environment or other social aspects of the ward’s life.
9. Date of this report:
10. Signature of physician completing this report:

APPENDIX A INSTRUCTIONS TO GUARDIANS AND GUARDIAN ADVOCATES FOR FILING ANNUAL PLANS
1. Fill in the name of the county in which the case is filed on the second blank line at the top where it reads “IN AND FOR COUNTY.”
2. Print the name of the ward on the line just below the “In Re: Guardianship of” caption.
3. Put the case number in the space marked “CASE NO.” in the upper right-hand corner (same as court file number).
4. On the first blank line after the title of the document (Annual Plan), print the guardian’s name.
5. On the next blank line, print the ward’s name.
6. Write in the dates for the period of time of the plan. This period should end on the last day of the month of the month you were appointed and begin a full year before that. If you do not know your plan period, please see the chart below. Please call the clerk’s office or the appropriate court staff in the county in which you are filing, if you cannot determine the plan period after reviewing the chart.
7. Type or print answers to all of the questions on the plan. If the question does not apply to your ward’s circumstances, write in the phrase “not applicable.” Fill in all the blanks. If your ward has a habilitation plan (produced by the social worker or the Florida Department of Children and Families) and it has changed, please provide a copy of the habilitation plan as an attachment to the annual plan. If the habilitation plan has not changed then do not file a copy.
8. In paragraph 9, if your ward participates in groups, include that information in this paragraph.
9. Sign your name, and print your name, address, e-mail address, and phone number where indicated. If there are co-guardian advocates, both must sign the plan.

10. Make a copy of the plan for your records in the event there is a problem and work from it for next year’s plan. Make a copy of any attachments to the plan, as well.
11. Mail or hand deliver the original plan to the Clerk of Court of the county in which the case is filed. You MUST also send a copy of the plan to your attorney, if you have an attorney, so that the attorney will know that you have filed the plan and will have a copy of the plan in case there is a problem.

APPENDIX B ANNUAL ACCOUNTING AND PLAN DATES (IF FISCAL YEAR REPORT PERIOD) Month Letters Report Begin Report End Report Due Signed Date Date Date January February 1 January 31 May 1 February March 1 February 28 June 1 March April 1 March 31 July 1 April May 1 April 30 August 1 May June 1 May 31 September 1 June July 1 June 30 October 1 July August 1 July 31 November 1 August September 1 August 31 December 1 September October 1 September 30 January 1 October November 1 October 31 February 1 November December 1 November 30 March 1 December January 1 December 31 April 1

(a) Petition. FORM FOR USE IN PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON UNDER FLORIDA PROBATE RULE 5.649 In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship Advocacy of

Respondent’s Name Person with Developmental Disability

PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON Petitioner, , files this petition under section 393.12, Florida Statutes, and Florida Probate Rule 5.649 and alleges that:
1. The petitioner, proposed guardian advocate .....(name)....., is years of age, whose residential address is and post office address is . The relationship of the petitioner to the respondent is .
2. .....(Respondent’s name)..... is a person with a developmental disability who was born on and who is years of age, who

resides in County, Florida. The residential address of the respondent is and the post office address is .
3. The petitioner believes that respondent needs a guardian advocate: a. due to the following developmental disability: ( ) i. intellectual disability; ( ) ii cerebral palsy; ( ) iii. autism; ( ) iv. spina bifida; ( ) v. Down syndrome; ( ) vi. Phelan-McDermid syndrome; or ( ) vii. Prader-Willi syndrome, which manifested before the age of 18. b. The developmental disability has resulted in the following substantial handicaps:

4. The exact areas in which the person with the developmental disability lacks the ability to make informed decisions about the person’s care and treatment services or to meet the essential requirements for the person’s physical health or safety are as follows: ( ) a. to apply for government benefits; ( ) b. to determine residency; ( ) c. to consent to medical and mental health treatment; ( ) d. to make decisions about social environment/social aspects of life; ( ) e. to make decisions regarding education; and

( ) f. to bring an independent action for support.
5. There are no alternatives to guardian advocacy, such as trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner that would sufficiently address the problems of the respondent in whole or in part. Thus, it is necessary that a guardian advocate be appointed to exercise some but not all of the rights of respondent.
6. The names and addresses of the next of kin of the respondent are: Name Address Relationship
7. The proposed guardian advocate .....(name)....., whose residence address is , and whose post office address is , is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed guardian advocate is not a professional guardian. The relationship of the proposed guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE):

8. a. The petitioner(s) allege(s) that to their knowledge, information, and belief, the respondent has or has NOT executed an advance directive under chapter 765, Florida Statutes, (designated health case surrogate or other advance directive) or a durable power of attorney under chapter 709, Florida Statutes. b. The petitioner(s) also allege(s) to the petitioner’s knowledge, information, and belief, the respondent, has or has NOT executed a supported decisionmaking agreement under section 709.2209, Florida Statutes. c. The petitioner(s) allege(s) that the respondent has the documents referenced in subdivisions 8.a. or 8.b., but the documents are insufficient to meet the needs of the respondent because: (Do not complete if the respondent does not have the documents referenced in subdivisions 8.a. and 8.b.)

9. (If a Co-Guardian Advocate sought, complete this paragraph.) Petitioner requests that be appointed co-guardian advocate of the person of respondent. The proposed co-guardian advocate .....(name)....., who is years of age, whose residence is , whose post office address is , is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed coguardian advocate is not a professional guardian. The relationship of the proposed co-guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE):

The relationship and previous association of the proposed co-guardian advocate to the respondent is . The proposed co-guardian advocate should be appointed because:

Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed .....(date)...... Signature: Proposed Guardian Advocate Name: Address:

Phone Number: E-mail Address: Signature: Proposed Co-Guardian Advocate Name: Address:

Phone Number: E-mail Address:

(b) Notice. The notice of the filing of the petition for the appointment of guardian advocate of the person and notice of hearing must be served with the petition for appointment of guardian advocate of the person under subdivision (a) of this rule. FORM FOR NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON UNDER SECTION 393.12(4), FLORIDA STATUTES, AND NOTICE OF HEARING In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardian Advocacy of

Respondent’s Name Person with Developmental Disability

NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE AND NOTICE OF HEARING TO: .....(Respondent)....., .....(attorney for respondent)....., .....(next of kin)....., .....(healthcare surrogate)....., and .....(agent under durable power of attorney)..... YOU ARE NOTIFIED that a petition for appointment of guardian advocate of the person has been filed. A copy of the petition for appointment of guardian advocate of the person is attached to this notice. There will be a hearing on the petition as follows: You are to appear before the Honorable ...................., Judge, at .....(time)....., on .....(date)....., at the county courthouse of .................... County, in ...................., Florida for the hearing of this petition.

The reason for this hearing is to inquire into the capacity of the respondent, the person with a developmental disability, to exercise the rights enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.) The respondent has the right to be represented by counsel of the respondent’s own choice and the court has initially appointed the following attorney to represent the respondent: Attorney for the respondent: .....(name)....., .....(address)....., .....(phone)....., .....(e-mail)...... Respondent has the right to substitute an attorney of the respondent’s own choice in place of the attorney appointed by the court. Signed .....(date)...... Signature: Signature: Proposed Guardian Advocate Proposed Co-Guardian Advocate (if any) Name: Name: Address: Address:

Phone Number: Phone Number: E-mail Address: E-mail Address: CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing notice of filing petition to appoint guardian advocate and notice of hearing and a copy of the petition for appointment of guardian advocate of the person was served on all persons indicated above, including on the attorney for the respondent, on .....(date)...... Signature: Signature: Proposed Guardian Advocate Proposed Co-Guardian Advocate (if any) Name: Name: Address: Address:

Phone Number: Phone Number: E-mail Address: E-mail Address:

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

(c) Order. In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardianship of

Respondent’s Name Person with Developmental Disability

ORDER APPOINTING GUARDIAN ADVOCATE On consideration of the petition for the appointment of guardian advocate of the person, the court finds that .....(respondent’s name)..... has a developmental disability of a nature that requires the appointment of guardian advocate of the person based on the following findings of fact and conclusions of law:
1. The nature and scope of the person’s lack of decision-making ability are:

2. The exact areas in which the person lacks decision-making ability to make informed decisions about care and treatment services or to meet the essential requirements for the respondent’s health and safety are specified in number 4.
3. The specific legal disabilities to which the person with a developmental disability is subject to are:

4. The powers and duties delegated to the guardian advocate are: ( ) a. to apply for government benefits;

( ) b. to determine residency; ( ) c. to consent to medical and mental health treatment; ( ) d. to make decisions about social environment/social aspects of life; ( ) e. to make decisions regarding education; and ( ) f. to bring an independent action for support.
5. There are no alternatives to guardian advocacy, such as trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner that would sufficiently address the problems of the respondent in whole or in part. Thus, it is necessary that a guardian advocate be appointed to exercise some but not all of the rights of respondent.
6. Without first obtaining specific authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may not exercise any authority over any health care surrogate appointed by any valid advance directive executed by the disabled person, under Chapter 765, Florida Statutes, except on further order of this Court. ORDERED AND ADJUDGED:
1. .....(Name)..... is qualified to serve as guardian advocate and is hereby appointed as guardian advocate of the person of .....(respondent’s name)......
2. The guardian advocate will exercise only the rights that the court has found the disabled person incapable of exercising on the disabled person’s own behalf, as outlined herein above. Said rights are specifically delegated to the guardian advocate. ORDERED this .....(date)......

Judge

FORM LETTERS OF GUARDIAN ADVOCACY In the Circuit Court of the Judicial Circuit, in and for County, Florida Probate Division Case No. In Re: Guardian Advocacy of

Respondent’s Name Person with Developmental Disability

LETTERS OF GUARDIAN ADVOCATE (CO-GUARDIAN ADVOCATES) OF THE PERSON TO ALL WHOM IT MAY CONCERN: WHEREAS, .....(guardian advocate’s name(s))..... has/have been appointed guardian advocate(s) of the person of .....(the ward)....., a person with a developmental disability who lacks the decision-making capacity to do some of the tasks necessary to take care of the ward’s person; and NOW, THEREFORE, I, the undersigned, declare that .....(guardian advocate’s name(s))..... is/are duly qualified under the laws of the State of Florida to act as guardian advocate of the person of .....(the ward)...., with full power to exercise the following powers and duties on behalf of the person with a developmental disability: ( ) 1. to apply for government benefits; ( ) 2. to determine residency; ( ) 3. to consent to medical and mental health treatment; ( ) 4. to make decisions about social environment and social aspects of life;

( ) 5. to make decisions regarding education; and ( ) 6. to bring an independent action for support. Without first obtaining specific authority from the court, under sections 744.3215(4) and 744.3725, Florida Statutes, the guardian advocate (coguardian advocates) may not: a. commit the respondent to a facility, institution, or licensed service provider without formal placement proceedings under Chapter 393, Florida Statutes; b. consent to the participation of the respondent in any experimental biomedical or behavior procedure, exam, study, or research; c. consent to the performance of sterilization or abortion procedure on the respondent; d. consent to termination of life support systems provided for the respondent; e. initiate a petition for dissolution of marriage for the ward; or f. exercise any authority over any health care surrogate appointment by a valid advance directive executed by the disabled person, under Chapter 765, Florida Statutes, except on further order of this court. The respondent retains all legal rights except those that are specifically granted to the guardian advocate (co-guardian advocates) under court order. ORDERED this .....(date)......

Judge

Judicial Circuit, in and for County, Florida Probate Division Case No. Judge: Amended Form? Yes* No *If yes, version of the Amended Form: In Re: Guardianship of

INITIAL INVENTORY Date of letters of guardianship: Property guardianship type:

SUMMARY Section A: Value of Real Property Assets $ Section B: Cash Assets/Cash Equivalent Assets $ Section C: Intangible Assets/Stocks/Bonds $ Section D: Tangible Personal Property $ Section E: Debts/Encumbrances/Liabilities/Liens $ Total $

Section A: Real Property Assets

Do you have entries for Section A? Yes No Number Description and Address Full Value Is There Another Owner? Yes or No 1. 2. 3. Total for Section A $ Attach a copy of the property appraiser’s information or a copy of the deed for all real property.

Section B: Cash Assets/Cash Equivalent Assets (checking account, savings account, money market account, certificate of deposit (CD)) Do you have entries for Section B? Yes No Are any of the entries held in a depository account? Yes No Number Institution Name Last 4 Digits of Account Number Type of Asset Full Value Is There Another Owner? Yes or No Is this a Depository Account? Yes or No 1. 2. 3. Total for Section B $ Attach a copy of the institution’s statement for each account from the creation date of the guardianship.

Section C: Intangible Assets/Stocks/Bonds Do you have entries for Section C? Yes No Are any of the entries held in a depository account? Yes No Number Issuer Name and Address Type of Asset Full Value Last 4 Digits of Account Number Is There Another Owner? Yes or No 1. 2. 3. Total for Section C $ Attach a copy of the institution’s statement for each account from the creation date of the guardianship.

Section D: Tangible Personal Property Assets (motor vehicles, jewelry, household furnishings, collectibles, fine art) Do you have entries for Section D? Yes No Number Description and Location Full Value Is There Another Owner? Yes or No 1. 2. 3. Total for Section D $ Attach a copy of the title for any motor vehicle.

Section E: Debts/Encumbrances/Liens/Liabilities Do you have entries for Section E? Yes No Instructions: List each liability equal to or greater than $1,000. Number Creditor Full Amount of Liability Last 4 Digits of Account Number Is there Another Person who Owes on the Debt? Yes or No 1. 2. 3. Total for Section E $ A copy of documents detailing each listed liability.

Section F: Sources of Income Do you have entries for Section F? Yes No Number Type Payor Estimated Monthly Amount 1. 2. 3. Total for Section F $ Is the guardian the representative payee of Social Security benefits? Yes No

If no, who is the representative payee for the Social Security benefits?

Section G: Lawsuits Against the Ward Do you have entries for Section G? Yes No Number Description of Lawsuit or Claim Estimated Amount of Claim Court Address Plaintiff’s Name and Address Describe Cause of Action Date of Debt Occurrence 1. 2. 3.

Section H: Pending Litigation and/or Lawsuits the Ward May Bring if Court Approval Is Received Do you have entries for Section H? Yes No Number Descriptio n of Lawsuit or Claims Case Number and Court Address Defendant Name and Address Describe Cause of Action Attorney for Ward 1. 2. 3.

Section I: Assets the Ward, as of the Date of the Letters of Guardianship, Was Entitled to Receive, but Has Not Received Do you have entries for Section I? Yes No Instructions: If the guardian has knowledge of assets the ward was entitled to receive as of the date of letters, but were not received the assets should be listed here. Examples: insurance policies, benefits, inheritance, or settlements from litigation. Number Description Estimated Date of Receipt Estimated Amount 1. 2. 3.

Section J: Trusts Do you have entries for Section J? Yes No Number Name of Current Trustee and Address Ward’s Interest Estimated Date Trust was Created Value of the Ward’s Interest in the Trust 1. 2. 3.

Section K. Safe-Deposit Box

Does the ward lease a safe-deposit box? Yes No If yes, location and number of safe-deposit box: Does the ward lease a safe-deposit box with another individual or individuals? Yes No Who is the joint lessee with the ward? Was an inventory of the safe-deposit box filed with the court as required by section 744.365, Florida Statutes? Yes No Has the safe-deposit box been opened? Yes No [A certificate of service as required by Florida Rule of Judicial Administration 2.516 must be included if the incapacitated person is not a minor under 14 years of age and is not totally incapacitated.] I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by .....(email) (delivery) (mail) (fax)..... on .....(date)…...

Guardian’s Signature Guardian’s Printed Name:

Guardian’s Address:

Guardian’s Phone Number: Guardian’s E-mail Address:

(a) Petition for Injunction. Petitioners should take steps to protect confidential information within the petition for injunction under Florida Rule of General Practice and Judicial Administration 2.420 and minimize sensitive information within the petition for injunction under Florida Rule of General Practice and Judicial Administration 2.425. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: ADVERSARY PROCEEDING In re: Protection of

Vulnerable Adult , Petitioner, and , Respondent. PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT UNDER SECTION 825.1035, FLORIDA STATUTES Before me, the undersigned authority, personally appeared petitioner who has been sworn and says that the following statements are true:
1. The vulnerable adult, , whose age is , who resides at (address):
2. Section 825.101, Florida Statutes, provides that a vulnerable adult is a person whose ability to perform the normal activities of daily living or to provide for the vulnerable adult’s own care or protection is impaired due to a

mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. Please describe the vulnerable adult’s inability to perform the normal activities of daily living.

3. The petitioner’s relationship to the vulnerable adult is: , and the petitioner has the right to bring the petition because:

4. The respondent, , resides at (last known address):
5. The respondent’s last known place of employment is:

6. The physical description of the respondent is: Race: Sex: Date of Birth: Height: Weight: Eye Color: Hair Color: Distinguishing Marks/Scars:
7. Aliases of the respondent are:
8. The respondent is associated with the vulnerable adult as follows:

9. The following describes other causes of action:
(a) there is/are 1 or more cause(s) of action currently pending between the petitioner and the respondent, and/or a proceeding under the Florida Guardianship Code, chapter 744, Florida Statutes, concerning the vulnerable adult. Describe causes of action here:

(b) Related case numbers and county where filed, if available:

(c) there are previous or pending attempts by the petitioner to obtain an injunction for protection against exploitation of the

vulnerable adult in this or any other circuit. Describe attempts here:

(d) The results of any such attempts:
10. The following describes the petitioner’s knowledge of:
(a) Any reports made to a government agency, such as the Department of Elder Affairs or the Department of Children and Families:

(b) Any investigations performed by a government agency relating to abuse, neglect, or exploitation of the vulnerable adult:

and
(c) The results of any such reports or investigations:

11. The petitioner knows or has reasonable cause to believe the vulnerable adult is either a victim of exploitation or is in imminent danger of becoming a victim of exploitation, because the respondent (include a description of any incidents or threats of exploitation by the respondent here):

12. The following describes:
(a) The petitioner’s knowledge of the vulnerable adult’s dependence on the respondent for care:

(b) Alternative provisions for the vulnerable adult’s care in the absence of the respondent, if necessary:

(c) Available resources the vulnerable adult has for such alternative provisions: ; and
(d) The vulnerable adult’s willingness to use such alternative provisions:

13. The petitioner knows the vulnerable adult maintains assets, accounts, or lines of credit at the following institutions: Institution Address Account Number
14. If petitioner is seeking to freeze assets of the vulnerable adult, petitioner believes that the vulnerable adult’s assets to be frozen are (check 1): Worth less than $1,500 Worth from $1,500 to $5,000 Worth more than $5,000
15. The petitioner genuinely fears imminent exploitation of the vulnerable adult by the respondent.
16. The petitioner seeks an injunction for the protection of the vulnerable adult, including (mark appropriate section or sections): Prohibiting the respondent from having any direct or indirect contact with the vulnerable adult.

Immediately restraining the respondent from committing any acts of exploitation against the vulnerable adult. Freezing the below assets, accounts, and lines of credit of the vulnerable adult, listed below even if titled jointly with the respondent, or in the respondent’s name only, in the court’s discretion. Institution Address Account Number Providing any terms the court deems necessary for the protection of the vulnerable adult or the vulnerable adult’s assets, including any injunctions or directives to law enforcement agencies, including:

17. If the court enters an injunction freezing assets, accounts, and credit lines:
(a) the petitioner believes that the critical expenses of the vulnerable adult will be paid for or provided by the following persons or entities:

OR
(b) The petitioner requests that the following expenses be paid notwithstanding the freezing of assets, accounts, or lines of credit from the following institution(s):

I ACKNOWLEDGE THAT UNDER SECTION 415.1034, FLORIDA STATUTES, ANY PERSON WHO KNOWS, OR HAS REASONABLE CAUSE TO SUSPECT, THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED, NEGLECTED, OR EXPLOITED HAS A DUTY TO IMMEDIATELY REPORT SUCH KNOWLEDGE OR SUSPICION TO THE CENTRAL ABUSE HOTLINE. I HAVE REPORTED THE ALLEGATIONS IN THIS PETITION TO THE CENTRAL ABUSE HOTLINE. I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND EACH SUCH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Designated E-mail Address(es):

STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on .....(date)......

Printed Name

Notary Public or Deputy Clerk Personally known or Produced identification Type of identification produced:

(b) Temporary Protective Injunction Against Exploitation of a Vulnerable Adult. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: In re:

Vulnerable Adult , Petitioner, and , Respondent. TEMPORARY PROTECTIVE INJUNCTION AGAINST EXPLOITATION OF A VULNERABLE ADULT AND NOTICE OF HEARING This cause came before the court, which has jurisdiction over the parties and subject matter under state law. The court having reviewed the petition and affidavits and considered argument of counsel, finds as follows:
1. Reasonable notice and opportunity to be heard was given to the respondent in a manner sufficient to protect the respondent’s due process rights. Date of service OR
2. The court conducted its review ex parte.
3. An immediate and present danger of exploitation of the vulnerable adult exists.
4. There is a likelihood of irreparable harm and unavailability of an adequate legal remedy.

5. There is a substantial likelihood of success on the merits.
6. The threatened injury to the vulnerable adult outweighs possible harm to the respondent.
7. Granting a temporary injunction will not disserve the public interest.
8. This injunction provides for the vulnerable adult’s physical or financial safety.
9. These findings were based on the following facts:

Accordingly, it is hereby ADJUDGED that: The petitioner’s request for a temporary protective injunction is GRANTED. This injunction is valid for 15 days from the date of this order or . The full hearing is set for .....(date)....., at .....(time)...... The hearing will be held before the Honorable at , Florida. It is further ordered that: The respondent must not commit any act of exploitation against the vulnerable adult. The respondent will have no contact with vulnerable adult. The vulnerable adult is awarded temporarily exclusive use and possession of any dwelling the vulnerable adult shares with the respondent. The respondent is barred from entering the residence of the vulnerable adult. The vulnerable adult’s assets, accounts, and credit lines are hereby frozen until further court order except:

Institution(s) served on .....(date)......

The following institution(s) holding the vulnerable adult’s assets must use the vulnerable adult’s unencumbered assets to pay the clerk of court the following filing fee: $75.00 (if assets are between $1,500–$5,000) OR $200.00 (if assets are more than $5,000). If the court enters an injunction, these fees will be taxed as costs against the respondent. Law enforcement is hereby directed to:

Other relief:

This injunction is valid and enforceable in all Florida counties, does not affect title to real property, and law enforcement may use their section 901.15(6), Florida Statutes, arrest powers to enforce its terms. DONE and ORDERED on .....(date)..... at .....(time)......

Judge CC: All parties and counsel of record COPIES TO: (Check those that apply) Petitioner: by U. S. Mail by hand delivery in open court (Petitioner must acknowledge receipt in writing on the original order—see below.) Vulnerable Adult (if not petitioner) by U. S. Mail

by hand delivery in open court Respondent: forwarded to Sheriff for service by U. S. Mail by hand delivery in open court (Respondent must acknowledge receipt in writing on the original order—see below.) by certified mail (May only be used when respondent is present at the hearing and respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) by substitute service under section 825.1035, Florida Statutes. Other: Petitioner’s Attorney: by e-mail Respondent’s Attorney: by e-mail I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the clerk of the circuit court of County, Florida, and that I have furnished copies of this order as indicated above on .....(date)...... CLERK OF THE CIRCUIT COURT By: Deputy Clerk If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

(c) Order Denying Injunction and Notice of Hearing. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: In re:

Vulnerable Adult , Petitioner, and , Respondent. ORDER DENYING REQUEST FOR TEMPORARY INJUNCTION AND SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT A petition for injunction for protection against exploitation of a vulnerable adult has been reviewed. This court has jurisdiction over the parties and of the subject matter. Based on the facts stated in the petition, the court finds: The facts supporting the denial of the request for an ex parte injunction are:

The court finds that based on the facts, as stated in the petition alone and without a hearing in the matter, there is no appearance of an immediate and present danger of exploitation of a vulnerable adult.

IT IS THEREFORE ORDERED: The request for a temporary injunction for protection against exploitation of a vulnerable adult is denied. A hearing is scheduled on the petition for injunction for protection against exploitation of a vulnerable adult. The petitioner has the right to promptly amend any petition consistent with court rules. NOTICE OF HEARING A hearing is scheduled regarding this matter on .....(date)....., at .....(time)....., when the court will fully hear the allegations in the petition for injunction for protection against exploitation of a vulnerable adult. The hearing will be before The Honorable .....(name)....., at the following .....(address)....., Florida. All witnesses and evidence, if any, must be presented at this time. IF EITHER PETITIONER OR RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, THE PETITIONER OR RESPONDENT WILL BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED IN THIS MATTER. Nothing in this order limits petitioner’s rights to dismiss the petition. DONE AND ORDERED in, Florida, on .....(date)......

JUDGE COPIES TO: Sheriff of County CERTIFICATE OF SERVICE: Petitioner: by U. S. Mail by e-mail to designated e-mail address(es) Respondent will be served by sheriff, or by substitute service under section 825.1035, Florida Statutes. Vulnerable Adult will be served by sheriff. The financial institution will be served by sheriff. (If any assets, accounts, or lines of credit are requested to be frozen, insert names of the financial institutions.)

I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the clerk of the circuit court of County, Florida, and that I have furnished copies of this order as indicated above. CLERK OF THE CIRCUIT COURT (SEAL) By: Deputy Clerk or Judicial Assistant If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

(d) Final Protective Injunction. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: In re:

Vulnerable Adult , Petitioner, and , Respondent. PERMANENT INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT This cause came before the court, which has jurisdiction over the parties and subject matter under state law. The court having reviewed the petition and affidavits and considered the testimony presented and argument of counsel, finds as follows:
1. Reasonable notice and opportunity to be heard was given to the respondent in a manner sufficient to protect the respondent’s due process rights. Respondent was served with the petition for injunction, notice of hearing, and temporary protective injunction, if issued.
2. A hearing was held on .....(date)......
3. The vulnerable adult is a victim of exploitation or in imminent danger of becoming an exploitation victim.
4. There is a likelihood of irreparable harm and unavailability of an adequate legal remedy.

5. The threatened injury to the vulnerable adult outweighs possible harm to the respondent.
6. With regard to freezing the respondent’s assets, accounts, and lines of credit that were the proceeds of exploitation, there is probable cause that exploitation has occurred and a substantial likelihood that such assets, accounts, and lines of credit will be returned to the vulnerable adult.
7. This injunction provides for the vulnerable adult’s physical or financial safety.
8. These findings were based on the following facts:

Accordingly, it is hereby ADJUDGED that: The petitioner’s request for a protective injunction is GRANTED. This injunction remains in effect until it has been modified or dissolved, and it is further ordered that: The respondent must not commit any acts of exploitation against, or have any direct or indirect contact with, the vulnerable adult. The vulnerable adult is awarded exclusive use and possession of any dwelling the vulnerable adult shares with the respondent. The respondent is excluded from the residence of the vulnerable adult. The respondent must, at the respondent’s own expense, participate in all relevant treatment, intervention, or counseling services to be paid for by the respondent. Unless ownership is unclear, any temporarily frozen assets, accounts, and credit lines of the vulnerable adult are to be returned to the vulnerable adult. If not already paid under the order granting temporary protective injunction against exploitation of a vulnerable adult, a final cost judgment is hereby entered against respondent and in favor of the clerk of courts in the amount of (check 1):

$75.00 (if assets are between $1,500–$5,000) OR $200.00 (if assets are more than $5,000). All for which let execution issue forthwith. If the amount set forth above has already been paid to the clerk of courts, a final cost judgment is hereby entered against respondent and in favor of the vulnerable adult in the amount set forth above, all for which let execution issue forthwith. Any other costs associated with this judgment, including filing fees and service charges, are to be paid by the respondent. Other:

This injunction is valid and enforceable in all Florida counties, does not affect title to real property, and law enforcement may use section 901.15(6), Florida Statutes, arrest powers to enforce its terms. DONE and ORDERED on .....(date)......

Judge CC: All parties and counsel of record COPIES TO: (Check those that apply) Petitioner: by U. S. Mail by hand delivery in open court (Petitioner must acknowledge receipt in writing on the original order—see below.)

Vulnerable Adult (if not petitioner) by U. S. Mail by hand delivery in open court Respondent: forwarded to Sheriff for service by U. S. Mail by hand delivery in open court (Respondent must acknowledge receipt in writing on the original order—see below.) by certified mail (May only be used when respondent is present at the hearing and respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) by substitute service under 825.1035, Florida Statutes. Department of Agriculture and Consumer Services Other: Petitioner’s Attorney: by e-mail Respondent’s Attorney: by e-mail I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the clerk of the circuit court of County, Florida, and that I have furnished copies of this order as indicated above on .....(date)...... CLERK OF THE CIRCUIT COURT By: Deputy Clerk

I, .....(affiant)....., state under oath that:
1. The affiant is: a person domiciled in and a resident of Florida; or a representative authorized to sign on behalf of .....(name of entity)..... which is incorporated, organized, or has its principal place of business in Florida.
2. The affiant has been informed that .....(name of “testator”)..... has died. At the time of the testator’s death, the affiant or entity the affiant represents was the qualified custodian (the “qualified custodian”) who had custody of the electronic will .....(date of the “electronic will”)......
3. The qualified custodian deposited the electronic will with the Clerk of Court of County, Florida on .....(date)......
4. The electronic record that contains the electronic will was held in the custody of the qualified custodian at all times from .....(date)..... until it was deposited with the clerk of court.
5. To the best of the affiant’s knowledge, the electronic record that contains the electronic will was at all times, before being offered to the court, in the custody of a qualified custodian in compliance with section 732.524, Florida Statutes, and the electronic will has not been altered in any way since the date it was created.
6. The qualified custodian has (check all that apply): posted and maintained a blanket surety bond in compliance with the requirements of section 732.525(1)(a), Florida Statutes; or maintained a liability insurance policy in compliance with the requirements of section 732.525(1)(b), Florida Statutes. Affiant

Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization, this day of , 20 , by .....(name of person making statement)...... Signature of Notary Public—State of Florida (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known or Produced Identification Type of Identification Produced