What do the Florida Probate Rules cover?
The Florida Probate Rules govern court proceedings related to the administration of a deceased person's estate, the oversight of trusts, and guardianship matters in Florida. They apply whenever a case involving these subjects is filed in a Florida circuit court. The rules cover everything from how to open a probate case to how final distributions are handled.
How are the Florida Probate Rules different from the Florida Rules of Civil Procedure?
The Florida Rules of Civil Procedure apply broadly to civil litigation in Florida courts, while the Florida Probate Rules apply specifically to probate, trust, and guardianship proceedings. When a matter comes up in probate court that the Probate Rules do not address, courts may look to the Civil Procedure rules to fill in the gaps. Knowing which rule set applies helps you find the right procedure for your situation.
Where in these 112 rules can I find guidance on guardianship procedures?
Guardianship procedures are addressed in their own section toward the latter part of the Florida Probate Rules, separate from the rules dealing with decedents' estates and trusts. Searching for terms like "guardian" or "ward" within the rule set will point you to the relevant provisions quickly. The plain-English summaries included on each rule page can help you understand what a particular rule requires before reading the full text.