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Fla. Prob. R. 5.407

Proceedings to Determine Family Allowance

activein force · 2026-07-16 – presentact-effective-date

(a) Petition. An interested person may file a petition to

determine family allowance.

(b) Contents. The petition shall be verified by the petitioner

and shall:

(1) state the names and addresses of the decedent’s

surviving spouse and the decedent’s adult lineal heirs and the

initials, address, and year of birth of the decedents’ lineal heirs who

are minors and who were being supported by the decedent or who

were entitled to be supported by the decedent at the time of the

decedent’s death; and

(2) for each person for whom an allowance is sought,

state the adult person’s name, or minor child’s initials, and

relationship to the decedent, the basis on which the allowance is

claimed, and the amount sought.

(c) Order. The order shall identify each adult person’s name

and each minor child’s initials entitled to the allowance, the amount

to which each is entitled, the method of payment, and to whom

payment should be made.

History

Committee Notes Rule History 2003 Revision: New rule. 2012 Revision: Editorial change in (b)(1) for gender neutrality. Committee notes revised. 2014 Revision: Subdivisions (b)(1) and (b)(2) are amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. 2019 Revision: Subdivision (c) is revised to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents. § 732.403, Fla. Stat. Family allowance. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
45834bc43c84b19b54f6300bdf1b285cbd4c1c0ba0dc676efeecde4f447fceab
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