FL. Prob. R. 5.210
Examples illustrating when a will might be admitted to probate are when an instrument (such as a will or trust agreement) gives the decedent a power exercisable by will, such as the power to appoint a successor trustee or a testamentary power of appointment. In each instance, the will of the person holding the power has no legal significance until admitted to probate. There may be no assets, creditors' issues, or other need for a probate beyond admitting the will to establish the exercise or nonexercise of such powers.
1975 Revision: Proof of will may be taken by any Florida circuit judge or clerk without issuance of commission.
1984 Revision: This rule has been completely revised to set forth the procedure for proving all wills except lost or destroyed wills and the title changed. The rule requires an oath attesting to the statutory requirements for execution of wills and the will must be proved before an order can be entered admitting it to probate. Former rules 5.280, 5.290, and 5.500 are included in this rule. Committee notes revised.
1988 Revision: Editorial and substantive changes. Change in (a)(3) to clarify which law determines validity of a notarial will; change in (a)(4) to clarify requirement that will of a Florida resident must comply with Florida law; adds new subdivision (b) to set forth required contents of petition for probate of will; moves former (b) to (c). Committee notes expanded; citation form change in committee notes.
1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes.
1996 Revision: Subdivision (a)(4) changed to allow authenticated copies of wills to be admitted to probate if the original is filed or deposited in another jurisdiction.
2002 Revision: Substantial revision to the rule setting forth the requirements of a petition to admit a will to probate when administration is not required. Self proof of wills is governed by the Florida Statutes. Former subdivision (a)(4) amended and transferred to new rule. Former subdivision (a)(5) amended and transferred to new rule .
2003 Revision: Committee notes revised.
2007 Revision: Existing text redesignated as subdivision (a) and editorial change made in (a)(7). New subdivisions (b) and (c) added to provide for service of the petition and the procedure for objections consistent with the procedures for probate of a will with administration. Committee notes revised.
2010 Revision: Subdivision (b) amended to reflect that service of the petition to admit a decedent's will to probate without administration shall be served on the persons who would be entitled to service of the notice of administration in a formal administration as set forth in rule. New subdivision (d) added to provide that any order admitting the decedent's will to probate without administration contain a finding that the will was executed as required by law. Committee notes revised.
2011 Revision: Subdivision (a)(2) amended to limit listing of decedent's social security number to last four digits.
2014 Revision: Subdivision (a)(3) amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
§, Fla. Stat. General definitions.
§, Fla. Stat. Notice.
§, Fla. Stat. Execution of wills.
§, Fla. Stat. Self-proof of will.
§, Fla. Stat. Effect of probate.
§, Fla. Stat. Proof of wills.
§, Fla. Stat. Petition.
§, Fla. Stat. Probate of a will written in a foreign language.
§, Fla. Stat. Probate of notarial will.
§, Fla. Stat. Probate of will of resident after foreign probate.
§, Fla. Stat. Establishment and probate of lost or destroyed will.
§, Fla. Stat. Foreign wills; admission to record; effect on title.
Fla. Prob. R.General definitions.
Fla. Prob. R.Pleadings, verification; motions.
Fla. Prob. R.Filing evidence of death.
Fla. Prob. R.Authenticated copy of will.
Fla. Prob. R.Will written in foreign language.
Fla. Prob. R.Commission to prove will.
Fla. Prob. R.Notice of administration.
Fla. Prob. R.Revocation of probate.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.