Florida Estate Planning by Leesha Newkirk-Crouch: Court Rules

Rule 7 of the Federal Rules of Civil Procedure dictates which pleadings are allowed and the form of motions and other papers 

In Florida, pleadings and motions are covered in Rule 1.100 of the Florida Rules of Civil Procedure 

LII

XLII FL ST Prob Title 42-Appendix Iprobate Rules, Refs & Annos

• Rule 5.010. Scope
• Rule 5.015. General Definitions
• Rule 5.020. Pleadings; Verification; Motions
• Rule 5.025. Adversary Proceedings
• Rule 5.030. Attorneys
• Rule 5.040. Notice
• Rule 5.041. Service of Pleadings and Documents
• Rule 5.042. Time
• Rule 5.043. Deposit of Wills and Codicils
• Rule 5.050. Transfer of Proceedings
• Rule 5.060. Request for Notices and Copies of Pleadings
• Rule 5.065. Notice of Civil Action or Ancillary Administration
• Rule 5.070. Deleted May 2, 2002, Effective May 2, 2002 (824 so.2d 849)
• Rule 5.080. Discovery and Subpoena
• Rule 5.090. Deleted March 31, 1977, Effective July 1, 1977 (344 so.2d 828)
• Rule 5.095. General and Special Magistrates
• Rule 5.100. Right of Appeal
• Rule 5.110. Address Designation for Personal Representative or Guardian; Designation of Resident Agent and Acceptance
• Rule 5.120. Administrator ad Litem and Guardian ad Litem
• Rule 5.122. Curators
• Rule 5.150. Order Requiring Accounting
• Rule 5.160. Production of Assets
• Rule 5.170. Evidence
• Rule 5.171. Evidence of Death
• Rule 5.175. Deleted March 31, 1977, Effective July 1, 1977 (344 so.2d 828)
• Rule 5.180. Waiver and Consent

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Part II. Probate

• Rule 5.190. Deleted September 29, 1988, Effective January 1, 1989 (537 so.2d 500)
• Rule 5.200. Petition for Administration
• Rule 5.201. Notice of Petition for Administration
• Rule 5.205. Filing Evidence of Death
• Rule 5.210. Probate of Wills Without Administration
• Rule 5.215. Authenticated Copy of Will
• Rule 5.216. Will Written in Foreign Language
• Rule 5.230. Commission to Prove Will
• Rule 5.235. Issuance of Letters, Bond
• Rule 5.240. Notice of Administration
• Rule 5.2405. Service of Notice of Administration on Personal Representative
• Rule 5.241. Notice to Creditors
• Rule 5.260. Caveat; Proceedings
• Rule 5.270. Revocation of Probate
• Rule 5.275. Burden of Proof in Will Contest
• Rule 5.280. Deleted September 13, 1984, Effective January 1, 1985 (458 so.2d 1079)
• Rule 5.290. Deleted September 13, 1984, Effective January 1, 1985 (458 so.2d 1079)
• Rule 5.310. Disqualification of Personal Representative; Notification
• Rule 5.320. Oath of Personal Representative
• Rule 5.330. Execution by Personal Representative
• Rule 5.340. Inventory
• Rule 5.341. Estate Information
• Rule 5.342. Inventory of Safe–Deposit Box
• Rule 5.3425. Search of Safe Deposit Box
• Rule 5.345. Accountings Other than Personal Representatives' Final Accountings
• Rule 5.346. Fiduciary Accounting
• Rule 5.350. Continuance of Unincorporated Business or Venture
• Rule 5.355. Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Estate Employees
• Rule 5.360. Elective Share
• Rule 5.365. Petition for Dower
• Rule 5.370. Sales of Real Property Where no Power Conferred
• Rule 5.380. Compulsory Payment of Devises or Distributive Interests
• Rule 5.385. Determination of Beneficiaries and Shares
• Rule 5.386. Escheat
• Rule 5.390. Deleted September 29, 1988, Effective January 1, 1989 (537 so.2d 500)
• Rule 5.395. Notice of Federal Estate Tax Return
• Rule 5.400. Distribution and Discharge
• Rule 5.401. Objections to Petition for Discharge or Final Accounting
• Rule 5.402. Notice of Lien on Protected Homestead
• Rule 5.403. Proceedings to Determine Amount of Lien on Protected Homestead
• Rule 5.404. Notice of Taking Possession of Protected Homestead
• Rule 5.405. Proceedings to Determine Protected Homestead Real Property
• Rule 5.406. Proceedings to Determine Exempt Property
• Rule 5.407. Proceedings to Determine Family Allowance
• Rule 5.410. Deleted September 13, 1984, Effective January 1, 1985 (458 so.2d 1079)
• Rule 5.420. Disposition of Personal Property Without Administration
• Rule 5.430. Resignation of Personal Representative
• Rule 5.440. Proceedings for Removal of Personal Representative
• Rule 5.450. Deleted September 13, 1984, Effective January 1, 1985 (458 so.2d 1079)
• Rule 5.460. Subsequent Administration
• Rule 5.470. Ancillary Administration
• Rule 5.475. Ancillary Administration, Short Form
• Rule 5.480. Deleted March 31, 1977, Effective July 1, 1977 (344 so.2d 828)
• Rule 5.490. Form and Manner of Presenting Claim
• Rule 5.495. Deleted August 22, 1991, Effective October 1, 1991 (584 so.2d 964)
• Rule 5.496. Form and Manner of Objecting to Claim
• Rule 5.498. Personal Representative's Proof of Claim
• Rule 5.499. Form and Manner of Objecting to Personal Representative's Proof of Claim
• Rule 5.500. Deleted September 13, 1984, Effective January 1, 1985 (458 so.2d 1079)
• Rule 5.510. Establishment and Probate of Lost or Destroyed Will
• Rule 5.520. Deleted May 2, 2002, Effective May 2, 2002 (824 so.2d 849)
• Rule 5.530. Summary Administration

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