Florida Probate Practice Updated: Mandatory E‑Service of Formal Notice on Appearing Counsel; “Promptly Thereafter” Standard for Serving Objections to Personal Representative’s Proof of Claim; Guardianship Physician Report Timing Aligned with Statute

Introduction

On March 20, 2025, the Supreme Court of Florida approved targeted amendments to three probate rules: Florida Probate Rules 5.040 (Notice), 5.499 (Form and Manner of Objecting to Personal Representative's Proof of Claim), and 5.904 (Forms for Initial and Annual Guardianship Plans). Proposed by The Florida Bar’s Probate Rules Committee and published without receiving public comment, these amendments modernize service practices, harmonize procedural deadlines with controlling statutes, and correct the timing of a physician’s report in adult guardianship plan forms.

The key issues addressed are:

• Whether “formal notice” in probate must now be electronically served on counsel who has appeared for an interested person.
• When and how an objection to a personal representative’s proof of claim must be served on claimants.
• When the required physician’s report must be dated in relation to the applicable guardianship reporting period.

Parties affected include personal representatives, beneficiaries and other “interested persons,” creditors asserting or defending claims against estates, and guardians of adults (and their counsel).

Summary of the Opinion

The Court adopts the Committee’s proposals in full and sets an effective date of July 1, 2025, at 12:01 a.m. A motion for rehearing will not alter that effective date.

• Rule 5.040 (Notice): When an attorney has appeared for an interested person in the probate matter, formal notice must be served electronically on that attorney in accordance with Florida Rule of General Practice and Judicial Administration 2.516. For unrepresented persons, formal notice continues to be served by one of the enumerated methods (e.g., commercial delivery with signed receipt, mail requiring signed receipt, service of process methods, or first-class mail in specified in rem/quasi in rem circumstances).
• Rule 5.499(e) (Service): The time for serving an objection to an item on the personal representative’s proof of claim that is listed “to be paid” is changed from “within 10 days after filing” to “at the time of filing or promptly thereafter,” conforming to section 733.705(2), Florida Statutes.
• Rule 5.904(d) (Annual Guardianship Plan for Adult): The physician’s report must reflect an examination conducted “no more than 90 days before the beginning of the applicable reporting period,” aligning the form with section 744.3675(1)(b)2., Florida Statutes (replacing the prior “before the end of the report period” phrasing).

Analysis

Precedents, Rules, and Statutes Cited and Their Influence

• Florida Rule of General Practice and Judicial Administration 2.516 (Service of Pleadings and Documents): This rule governs e-service in Florida courts and is now expressly incorporated into Probate Rule 5.040 for service of formal notice when an attorney has appeared. Its requirements on designated e-mail addresses, the form of service, and the timing of service completion guide how formal notice is effectively and validly served on counsel. Importantly, completion of service under 2.516 is generally on the date sent, which impacts the start of deadlines triggered by formal notice in probate proceedings.
• Section 733.705(2), Florida Statutes (Claims—Objections; “promptly thereafter” standard): The amended Rule 5.499(e) adopts the statutory phrasing that objections must be served “at the time of filing or promptly thereafter,” displacing the prior bright-line “within 10 days” rule language. The Court’s change restores fidelity to the statute as amended by ch. 2001-226, § 149, Laws of Florida.
• Section 744.3675(1)(b)2., Florida Statutes (Annual guardianship plans—physician’s report timing): The amendment to the guardianship plan form (Rule 5.904(d), ¶ 6) corrects the timing so the physician’s examination is conducted within 90 days before the beginning of the reporting period, ensuring the plan is anchored to a contemporaneous clinical assessment.
• Florida Rules of Civil Procedure and Chapter 48, Florida Statutes (Service of process): These provide alternative methods for serving formal notice when no attorney has appeared, maintaining due process protections via recognized service-of-process mechanisms.
• Florida Rule of General Practice and Judicial Administration 2.515 (Signature of attorneys): The form in Rule 5.904 reiterates the 2.515 requirement that a represented party’s filing be signed by at least one attorney of record, reinforcing consistent statewide practice.

Legal Reasoning and How the Court Reached Its Decision

This is a rules case decided per curiam. The Court, exercising its constitutional rulemaking authority, adopted the Probate Rules Committee’s proposals following publication and an opportunity for comment (none were received). The amendments reflect three complementary principles:

1. Modernization and consistency: Electronic service is the norm across Florida practice. Aligning formal notice on appearing counsel with Rule 2.516 creates uniformity, reduces cost and delay, and clarifies that e-service is not merely permissible but required when an attorney has appeared.
2. Statutory conformity: The “promptly thereafter” standard for service of objections in Rule 5.499(e) implements the Legislature’s chosen timing language in section 733.705(2), eliminating divergence between rule and statute.
3. Substantive accuracy in guardianship planning: Tying the physician’s examination to the beginning of the reporting period ensures the clinical information underpinning the annual plan is timely and relevant to the period the plan covers, which tracks the statute’s text and purpose.

The opinion also performs minor editorial clean-up in Rule 5.040 (e.g., grammar and gender-neutral language) and clarifies cross-references. Notably, Rule 5.040(a)(5) and (a)(6) continue to govern completion and proof of service for the non-attorney service methods, while service on appearing counsel is governed by Rule 2.516’s completion and proof provisions. Rule 5.040(e) expressly ties “in the manner provided for formal notice” completion/proof rules to subdivision (a)(3)(B), reinforcing that when a practitioner borrows the formal notice service mechanics (without serving an appearing attorney), the completion and proof standards of (a)(5) and (a)(6) apply.

Practical Impact on Florida Probate and Guardianship Practice

• Formal notice on appearing counsel must be by e-service:
  • Once an attorney has appeared for an interested person in the probate matter, the server must use Rule 2.516-compliant e-service to that attorney. Traditional “formal notice” methods (certified mail, commercial delivery, service of process, etc.) are no longer sufficient for that person if counsel has appeared.
  • Deadlines triggered by formal notice (e.g., the 20-day period to serve written defenses under Rule 5.040(a)(1)) will begin based on 2.516’s completion-of-service rules (service is generally complete when sent), not on receipt.
  • Best practice: confirm that the attorney has filed a formal appearance and use the designated e-mail addresses for service listed under Rule 2.516. If there is uncertainty about the scope or existence of an appearance, serving both the attorney (via e-service) and the individual (via a Rule 5.040(a)(3)(B) method) can mitigate risk; however, service on counsel is legally controlling once an appearance is on file.
• Service of objections to a personal representative’s proof of claim:
  • The objector must serve the personal representative and, for items listed “to be paid,” also the claimant at the time of filing the objection or promptly thereafter. The prior fixed “within 10 days” window is eliminated.
  • “Promptly thereafter” is a reasonableness standard, not a safe-harbor period. To avoid disputes, serve contemporaneously with filing whenever practicable.
  • Where the claimant has counsel of record, use Rule 2.516 e-service. Otherwise, use a Rule 5.040(a)(3)(B) method for the unrepresented claimant (e.g., mail requiring signed receipt, commercial delivery with signed receipt, service of process).
  • Remember to include the certificate of service when objecting to items listed “to be paid.”
• Guardianship annual plans—physician’s report timing:
  • The physician’s examination must occur no more than 90 days before the beginning of the applicable reporting period, not before the end of the prior period. This ensures the report is current for the plan period it supports.
  • Example: If an annual reporting period runs from July 1, 2025, to June 30, 2026, the exam window is April 2, 2025, to June 30, 2025 (90 days before July 1, 2025).
  • Guardians and counsel should adjust calendaring to ensure exams are scheduled within this corrected timeframe.

Complex Concepts Simplified

• Formal notice (Probate Rule 5.040): A probate-specific service mechanism that functions much like service of process. It gives an “interested person” 20 days to serve written defenses and can support the court’s authority to enter orders. After these amendments:
  • If the interested person is represented and counsel has appeared, formal notice must be served electronically on counsel under Rule 2.516.
  • If unrepresented, formal notice must be served using prescribed methods: mail or commercial delivery requiring signed receipt, service of process methods, or (in limited in rem/quasi in rem situations) first-class mail when certain conditions are met.
• Interested person: Generally, anyone who may reasonably be expected to be affected by the proceeding’s outcome (for example, beneficiaries, heirs, creditors). Whether someone is an “interested person” can be context-specific.
• In rem vs. quasi in rem relief:
  • In rem relief targets property itself (e.g., determining rights in estate assets).
  • Quasi in rem relief affects a person’s interest in property within the court’s jurisdiction, even if the court lacks personal jurisdiction over the person.
  • Rule 5.040 allows first-class mail for formal notice only in these property-centered scenarios and only when stricter mail or delivery methods are unavailable or refused/unclaimed after attempted service.
• Personal representative’s proof of claim (Rule 5.499): A filing by the personal representative describing claims against the estate that have been paid or are proposed to be paid. If an objector disputes items listed “to be paid,” that objection must be served on the claimant at filing or promptly thereafter, with a certificate of service. A timely objection typically forces the claimant (depending on the context) to bring an independent action within a specified period to preserve the claim.
• Completion and proof of service—what changed and what did not:
  • For e-service on counsel (new Rule 5.040(a)(3)(A)), completion and proof are governed by Rule 2.516 (service complete when sent; certificate of service is generally sufficient).
  • For traditional methods used when no attorney has appeared (Rule 5.040(a)(3)(B)), completion and proof remain as specified in Rule 5.040(a)(5)-(6), including a verified statement with signed receipt or other acceptable proof.
• Annual guardianship plan—physician’s report: The medical evaluation must now be tied to the start of the reporting period, ensuring that the plan reflects the ward’s current condition and capacity as the new period begins.

Notable Textual and Structural Adjustments Within Rule 5.040

• Service on appearing counsel: New subdivision (a)(3)(A) embeds Rule 2.516 e-service for attorneys who have appeared “under the Florida Rules of General Practice and Judicial Administration or the Florida Probate Rules.”
• Who must be served (subdivision (a)(4)): The rule maintains detailed directives for service when using the (B) methods, including service on incapacitated persons, minors, individuals, and entities. Edits modernize language usage and clarify delivery points (e.g., place of abode, regular place of business).
• Editorial cleanup: Minor grammatical fixes (such as in subdivision (a)(1) removing redundant words) and consistent, gender-neutral references increase readability and reduce ambiguity.
• “In the manner provided” clarification (subdivision (e)): If another rule calls for service “in the manner provided for service of formal notice,” and you use the (a)(3)(B) methods, completion and proof are governed by 5.040(a)(5)-(6). If you serve counsel under (a)(3)(A), look to Rule 2.516 for completion and proof.

Practice Pointers

• Before serving formal notice, check appearances: Confirm whether an attorney has filed an appearance for the interested person. If yes, serve formal notice electronically under Rule 2.516. If no, use a Rule 5.040(a)(3)(B) method.
• Trigger dates move up with e-service: Because e-service on counsel is complete when sent, diary deadlines from the date of sending, with the day after service as Day 1 for the 20-day response period in Rule 5.040(a)(1).
• Objections to proof of claim—serve at filing: Avoid litigation over what “promptly thereafter” means. Serve the personal representative and, as to items listed “to be paid,” the claimant simultaneously with filing. Use Rule 2.516 if the recipient has counsel; otherwise, use a permissible Rule 5.040 method.
• Guardianship plans—recalibrate calendars: Schedule the physician’s examination within 90 days before the beginning of the reporting period to ensure the report will be timely under the amended form.
• Proof of service: For e-service, ensure your certificate of service complies with Rule 2.516. For non-electronic methods under Rule 5.040(a)(3)(B), prepare a verified statement and attach the signed receipt or other court-satisfactory proof; if first-class mail is used under the limited in rem/quasi in rem conditions, provide the specific basis supporting that method.
• Scope of appearance: If there is a limited appearance, evaluate whether the matter for which you are serving formal notice falls within its scope. When in doubt, consider serving both counsel (via e-service) and the party (via a Rule 5.040(a)(3)(B) method) to forestall disputes.

Potential Areas for Future Clarification or Litigation

• “Promptly thereafter” standard: While aligning the rule with the statute resolves the inconsistency, what qualifies as “prompt” may become fact-specific. Simultaneous service remains the safest course.
• Interplay between e-service and receipt-based methods: Practitioners must be careful not to default to certified mail or delivery receipt methods once counsel has appeared; the rule now requires e-service on counsel. Redundant courtesy service is acceptable but does not substitute for mandated e-service.
• Limited appearances: The rule ties e-service to whether an attorney “has appeared.” Where appearances are limited, disputes may arise over whether e-service to counsel suffices for matters beyond the appearance’s scope.

Conclusion

This rulemaking opinion significantly streamlines and clarifies Florida probate practice in three targeted areas. First, it mandates electronic service of formal notice on counsel who have appeared for interested persons, bringing probate service into full alignment with Rule 2.516. Second, it harmonizes the timing for serving objections to a personal representative’s proof of claim with section 733.705(2), adopting the “at the time of filing or promptly thereafter” standard and retiring the prior 10-day window. Third, it corrects the annual guardianship plan form to require that the physician’s examination predate the beginning of the reporting period by no more than 90 days, tracking section 744.3675(1)(b)2.

The amendments reduce ambiguity, accelerate procedural timelines through e-service, and enhance fidelity to controlling statutes. Practitioners should update service protocols, calendaring practices, and guardianship workflows before the effective date of July 1, 2025, at 12:01 a.m. The Court’s directive that any rehearing motion will not delay this effective date underscores the need for immediate preparation and compliance.