IN RE: AMENDMENTS TO FLORIDA PROBATE RULE 5.405. (2025)

The Florida Bar's Probate Rules Committee proposes amending Florida Probate Rule 5.405 (Proceedings to Determine Protected Homestead Status of Real Property).¹ Both the Committee and the Court published the proposal for comment in The Florida Bar News; no comments were received in response to either publication. The Florida Bar's Board of Governors unanimously recommends acceptance of the proposed amendments.

We adopt the amendments to rule 5.405 as proposed by the Committee. Subdivision (b)(4) is added to require that a petition to determine the protected homestead status of real property owned by a decedent or trustee of a trust of a deceased settler state “whether the decedent died testate or intestate.” This change will allow courts to determine the proper beneficiaries of a decedent's homestead. In addition, the remaining numbered paragraphs under subdivision (b) are renumbered. Lastly, newly renumbered subdivision (b)(5) is amended to require the petition to include, if applicable, the method by which the surviving spouse waived homestead rights. This will provide clarity for both practitioners and courts regarding the basis of the waiver.

Next, we amend subdivision (d) (Order) to remove references to “of the decedent” when referring to homestead. That language is not included in the definition of “protected homestead” in section 731.201(33), Florida Statutes, the general definitions provision in the Probate Code.

Last, a new revision note is added for these amendments to detail the adopted changes, and two of the rule references are reordered to place them in numerical order.

Accordingly, we amend Florida Probate Rule 5.405 as reflected in the appendix to this opinion. New language is underscored; deleted language is stricken through. The amendments shall become effective on October 1, 2025, at 12:01 a.m.

It is so ordered.

APPENDIX

FOOTNOTES

1.   We have jurisdiction. Art. V. § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).

PER CURIAM.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.