RULE 5.030. ATTORNEYS

(a) Required; Exception. Every guardian and every personal
representative, unless the personal representative remains the sole
interested person, shall be represented by an attorney admitted to
practice in Florida. A guardian or personal representative who is an
attorney admitted to practice in Florida may represent himself or
herself as guardian or personal representative. A guardian advocate
is not required to be represented by an attorney unless otherwise
required by law or the court.

(b) Limited Appearance without Court Order. An attorney
of record for an interested person in a proceeding governed by these
rules shall be the attorney of record in all other proceedings in the
administration of the same estate or guardianship, except service of
process in an independent action on a claim, unless at the time of
appearance the attorney files a notice specifically limiting the
attorney’s appearance only to the particular proceeding or matter in
which the attorney appears. At the conclusion of that proceeding or
matter, the attorneys role terminates upon the attorney filing notice
of completion of limited appearance and serving a copy on the client
and other interested persons.

(c) Withdrawal or Limited Appearance with Court Order.
An attorney of record may withdraw or limit the attorney’s
appearance with approval of the court, after filing a motion setting
forth the reasons and serving a copy on the client and other
interested persons.

Committee Notes

The appearance of an attorney in an estate is a general
appearance unless (i) specifically limited at the time of such
appearance or (ii) the court orders otherwise. This rule does not
affect the right of a party to employ additional attorneys who, if
members of The Florida Bar, may appear at any time.

Rule History

1975 Revision: Subdivision (a) is same as prior rule 5.040 with
added provision for withdrawal of attorney similar to Florida Rule of
Appellate Procedure 2.3(d)(2). Subdivision (b) reflects ruling in case
of State ex rel. Falkner v. Blanton, 297 So. 2d 825 (Fla. 1974).
1977 Revision: Editorial change requiring filing of petition for
withdrawal and service of copy upon interested persons. Editorial
change in citation forms in rule and committee note.

1984 Revision: Minor editorial changes and addition of
subdivision (c). Committee notes expanded.

1988 Revision: Editorial changes and order of subdivisions
rearranged. Committee notes expanded. Citation form changes in
committee notes.

1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.

2003 Revision: Committee notes revised.

2005 Revision: Committee notes revised.

2006 Revision: Committee notes revised.

2008 Revision: Subdivision (a) amended to reflect that a
guardian advocate may not be required to be represented by an
attorney in some instances. Committee notes revised.

2010 Revision: Subdivision (b) and (c) amended to clarify the
procedure for termination of an attorney’s representation of an
interested person either with or without court order.

2012 Revision: Committee notes revised.

Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.

§ 731.301, Fla. Stat. Notice.

§ 733.106, Fla. Stat. Costs and attorney’s fees.

§ 733.212, Fla. Stat. Notice of administration; filing of
objections.
§ 733.6175, Fla. Stat. Proceedings for review of employment of
agents and compensation of personal representatives and
employees of estate.

§ 744.108, Fla. Stat. Guardian’s and attorney’s fees and
expenses.

§ 744.3085, Fla. Stat. Guardian advocates.

Rule References

Fla. Prob. R. 5.041(b) Service of pleadings and papers.

Fla. Prob. R. 5.110(b), (c) Resident agent.

Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.

Fla. R. App. P. 9.440 Attorneys.