PROBATE CORNER
PROBATE CORNER
Amendments to Florida Probate Rules 5.240 & 5.241 ( eff . 9 / 5 / 24 )
DAVID M . GARTEN
On September 5 , 2024 , the Florida Legislature amended Florida Probate Rules 5.240 and 5.241 to require that notices of administration and notices to creditors provide notice that the personal representative or curator has no duty to discover whether the Florida Uniform Disposition of Community Property Rights at Death Act applies to the subject property unless a timely written demand is made . These amendments took effect on September 5 , 2024 . The amended Rules read in relevant part :
Rule 5.240 . Notice of Administration
( 7 ) that the personal representative or curator has no duty to discover whether any property held at the time of the decedent ’ s death by the decedent or the decedent ’ s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in sections 732.216 – 732.228 , Florida Statutes , applies , or may apply , unless a written demand is made by the surviving spouse or a beneficiary as specified under section 732.2211 , Florida Statutes .
Rule 5.241 . Notice to Creditors
( 2 ) The notice must state that the personal representative or curator has no duty to discover whether any property held at the time of the decedent ’ s death by the decedent or the decedent ’ s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in sections 732.216-732.228 , Florida Statutes , applies , or may apply , unless a written demand is made by a creditor as specified under section 732.2211 , Florida Statutes .
PBCBA BAR BULLETIN 17