Rule 5.407 - PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE(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.Amended by 2021 WL 5050374, effective 10/28/2021; amended by 287 So.3d 492, effective 1/1/2020; amended by 139 So.3d 875, effective 4/22/2014; amended by 102 So.3d 505, effective 9/1/2012; added by 848 So.2d 1069, effective 1/1/2004.Committee Notes
Rule History
2003 Revision: New rule.
2012 Revision: Editorial change in (b)(1) for gender neutrality. Committee notes revised.
2014 Revision: Subdivisions (b)(1) and (b)(2) are amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
2019 Revision: Subdivision (c) is revised to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
Statutory References
§ 731.104, Fla. Stat. Verification of documents.
§ 732.403, Fla. Stat. Family allowance.
Rule Reference
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.