By Steven C. Fraser, Esq. | FL Bar No. 625825 | DC Bar No. 460026
On June 18, 2026, the Florida Supreme Court issued In re Amendments to Florida Probate Rules, No. SC2025-1462, amending five probate rules effective October 1, 2026, at 12:01 a.m. The order adds that a motion for rehearing does not alter the effective date. An earlier post covered Rule 5.320, the personal representative's oath. This one covers the other four: Rules 5.025, 5.122, 5.200, and 5.470.
The Court described one comment filed in response to the proposal and a response from the Probate Rules Committee, and then adopted the Committee's proposal with minor revisions. It also noted that grammatical changes were made throughout in compliance with its rules-submission guidelines, which is why "shall" becomes "must" across the amended text.
Rule 5.122 (Curators): the substantive change
This is the rule that matters most in practice. A curator is appointed to protect estate property before a personal representative can be appointed, so the rule governs a short and sensitive window.
The Court summarized the amendments to this rule in two points: letters of curatorship must specify the powers being granted to the curator, and a court may grant the curator authority to possess or control either all or part of the decedent's property. The text tracks that.
Letters (subdivision (b)). The court must issue letters of curatorship that state the entitlement of the curator to possess or control all or part of the decedent's property, which the court may enforce through contempt proceedings. The old wording said the letters "shall entitle" the curator to possess or control the property. The new wording requires the letters to state the entitlement, and it expressly allows the entitlement to be partial.
Demands (subdivision (d)). The rule history for 2026 says subdivision (d) was amended to require that the order state whether a curator is granted the authority by the court to address any demand filed under rules 5.240 (Notice of Administration) and 5.241 (Notice to Creditors). The rule's statutory references include section 732.2211, Florida Statutes (Demands or disputes; statute of repose).
The committee notes, as revised, close with practical advice that now has more bite: practitioners should refer to the letters of curatorship to ensure that a curator has been granted the authority by the court to act in a specific capacity.
Two parts of the rule did not change in substance. The curator still files a designation of resident agent and acceptance, and an oath, as is required for personal representatives. The curator must file an inventory within 30 days after issuance of letters of curatorship, and when the personal representative is appointed, must account for and deliver all estate assets in the curator's possession within 30 days after issuance of letters of administration.
Rule 5.200 (Petition for Administration)
The change is to statutory references in subdivision (k)(2). That item requires the petition to state, for an individual personal representative, 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 sections 825.101, 825.102, and 825.103, Florida Statutes." The Court explained that rules 5.200 and 5.320 were amended together to provide additional statutory references for definitions of key terms, namely sections 825.102 and 825.103. A petition form that cites only one of those sections is behind.
Rule 5.470 (Ancillary Administration)
Subdivision (a)(1), for a testate estate, now refers to the "petition for administration" in the domiciliary proceedings, where the old text said "petition for probate." The rule history says the amendment was made for consistency with subdivision (a)(2). The rest of the changes are the "shall" to "must" conversion in subdivisions (a) through (c). The petition for ancillary letters is still governed by the contents requirements of Rule 5.200.
Rule 5.025 (Adversary Proceedings)
Only a grammatical amendment to subdivision (d)(2), and revised committee notes. After service of formal notice, adversary proceedings are conducted, as nearly as practicable, like suits of a civil nature, including entry of defaults, and the Florida Rules of Civil Procedure govern except for rule 1.525.
What to do with this
- Replace any petition for administration template whose abuse, neglect, and exploitation item cites fewer than sections 825.101, 825.102, and 825.103.
- If you ever seek a curatorship, draft the proposed letters and order so that they state the specific powers requested, say whether the authority is over all or part of the property, and say whether the curator may address any demand filed under rules 5.240 and 5.241. A proposed order that is silent on the last point is now incomplete.
- When you are handed letters of curatorship, read them for what they actually grant. The rule's committee notes say exactly that.
- For ancillary petitions on a testate estate, use the "petition for administration" wording when describing the domiciliary filing.
Why this is worth an article
None of these amendments changes who may serve or what a probate case costs. But a curatorship exists because something is at risk, usually property that could be wasted, destroyed, or removed. A curator whose letters are vague about powers, or silent about demands, is a curator whose authority gets argued about at the moment speed matters most. The 2026 amendments push that precision into the order itself.
Sources: In re Amendments to Florida Probate Rules, No. SC2025-1462 (Fla. June 18, 2026) (per curiam), including the appendix of amended rules, committee notes, and rule histories. The Florida Bar, Florida Probate Rules (Oct. 1, 2026 edition).
Steven C. Fraser is admitted in the District of Columbia (1998) and Florida (2003) and practices in bankruptcy, tax controversy, consumer protection, probate, and related litigation. This article summarizes a published court order and rule text. It is not legal advice, and it is not an opinion on any particular estate.