Supreme Court of Florida

In Re: Amendments to Florida Probate Rule 5.405

August 28, 2025417 So. 3d 265

Summary

The court adopted the proposed amendments to Florida Probate Rule 5.405 governing proceedings to determine the protected homestead status of real property. The amendments require petitions to state whether the decedent died testate or intestate and, when applicable, how a surviving spouse waived homestead rights; they also revise the order provision to conform to the statutory definition of protected homestead. The amendments become effective October 1, 2025, at 12:01 a.m.