Florida Probate Rule 5.042
RULE 5.042. TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514.
(b) Enlargement. When an act is required or allowed to be
done at or within a specified time by these rules, by order of court,
or by notice given thereunder, for cause shown the court at any
time in its discretion
(1) with or without notice, may order the period
enlarged if request therefor is made before the expiration of the
period originally prescribed or as extended by a previous order; or
(2) on motion made and notice, after the expiration of
the specified period, may permit the act to be done when failure to
act was the result of excusable neglect. The court under this rule
may not extend the time for serving a motion for rehearing or
enlarge any period of time governed by the Florida Rules of
Appellate Procedure.
(c) Service for Hearings. A copy of any written petition or
motion which may not be heard ex parte and a copy of the notice of
the hearing thereon shall be served a reasonable time before the
time specified for the hearing.
(d) Additional Time After Service by Mail or E-mail.
Florida Rule of General Practice and Judicial Administration
2.514(b) shall apply to the computation of time following service,
except for documents served by formal notice or in the manner
provided for service of formal notice.
Committee Notes
This rule is derived from Florida Rule of Civil Procedure 1.090.
Rule History
1984 Revision: New rule.
1988 Revision: Editorial changes in (a) and (b). Subdivision (a)
enlarged to include closing of the clerk’s office as a legal holiday. In
Clara P. Diamond, Inc. v. Tam-Bay Realty, Inc., 462 So. 2d 1168
(Fla. 2d DCA 1984), the Second District Court of Appeal suggested
that Florida Rule of Civil Procedure 1.090(b) be clarified to leave no
question that the court may not extend the time for rehearing,
appeal, or petition for certiorari regardless of whether a request to
enlarge the time therefor was made before the expiration of the time
allowed. Because the format of rule 5.042(b) was substantially the
same as the format of rule 1.090(b), subdivision (b) is amended to
conform for the sake of clarity. Committee notes revised.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
2003 Revision: Committee notes revised.
2005 Revision: Subdivision (d) amended to clarify exception to
mailing rule for service of formal notice and service in the manner
provided for service of formal notice. Committee notes revised.
2008 Revision: Committee notes revised.
2012 Revision: Subdivision (a) revised to refer to Rule 2.514
and delete duplicative provisions. Subdivision (d) revised to
incorporate service by e-mail and the filing and service of
documents, rather than papers. Committee notes revised.
2016 Revision: Subdivision (d) revised to clarify that Florida
Rule of General Practice and Judicial Administration 2.514(b) does
not apply if a document is served by formal notice or in the manner
provided for service of formal notice. Committee notes revised.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§ 683.01, Fla. Stat. Legal holidays.
§ 731.301, Fla. Stat. Notice.
§ 732.107, Fla. Stat. Escheat.
§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.
§ 732.402, Fla. Stat. Exempt property.
§ 732.901, Fla. Stat. Production of wills.
§ 733.104, Fla. Stat. Suspension of statutes of limitation in
favor of the personal representative.
§ 733.212, Fla. Stat. Notice of administration; filing of
objections.
§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.
§ 733.701, Fla. Stat. Notifying creditors.
§ 733.702, Fla. Stat. Limitations on presentation of claims.
§ 733.705, Fla. Stat. Payment of and objection to claims.
§ 733.710, Fla. Stat. Limitations on claims against estates.
§ 733.816, Fla. Stat. Disposition of unclaimed property held by
personal representatives.
§ 744.3085, Fla. Stat. Guardian advocates.
Rule References
Fla. Prob. R. 5.040(a)(1) Notice.
Fla. Prob. R. 5.150 Order requiring accounting.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.241 Notice to creditors.
Fla. Prob. R. 5.340(a)–(b) Inventory.
Fla. Prob. R. 5.345 Accountings other than personal
representatives’ final accountings.
Fla. Prob. R. 5.395 Notice of federal estate tax return.
Fla. Prob. R. 5.400 Distribution and discharge.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.
Fla. Prob. R. 5.700 Objection to guardianship reports.
Fla. R. Civ. P. 1.090 Time.
Fla. R. Gen. Prac. & Jud. Admin. 2.514 Computing and
extending time.
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514.
(b) Enlargement. When an act is required or allowed to be
done at or within a specified time by these rules, by order of court,
or by notice given thereunder, for cause shown the court at any
time in its discretion
(1) with or without notice, may order the period
enlarged if request therefor is made before the expiration of the
period originally prescribed or as extended by a previous order; or
(2) on motion made and notice, after the expiration of
the specified period, may permit the act to be done when failure to
act was the result of excusable neglect. The court under this rule
may not extend the time for serving a motion for rehearing or
enlarge any period of time governed by the Florida Rules of
Appellate Procedure.
(c) Service for Hearings. A copy of any written petition or
motion which may not be heard ex parte and a copy of the notice of
the hearing thereon shall be served a reasonable time before the
time specified for the hearing.
(d) Additional Time After Service by Mail or E-mail.
Florida Rule of General Practice and Judicial Administration
2.514(b) shall apply to the computation of time following service,
except for documents served by formal notice or in the manner
provided for service of formal notice.
Committee Notes
This rule is derived from Florida Rule of Civil Procedure 1.090.
Rule History
1984 Revision: New rule.
1988 Revision: Editorial changes in (a) and (b). Subdivision (a)
enlarged to include closing of the clerk’s office as a legal holiday. In
Clara P. Diamond, Inc. v. Tam-Bay Realty, Inc., 462 So. 2d 1168
(Fla. 2d DCA 1984), the Second District Court of Appeal suggested
that Florida Rule of Civil Procedure 1.090(b) be clarified to leave no
question that the court may not extend the time for rehearing,
appeal, or petition for certiorari regardless of whether a request to
enlarge the time therefor was made before the expiration of the time
allowed. Because the format of rule 5.042(b) was substantially the
same as the format of rule 1.090(b), subdivision (b) is amended to
conform for the sake of clarity. Committee notes revised.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
2003 Revision: Committee notes revised.
2005 Revision: Subdivision (d) amended to clarify exception to
mailing rule for service of formal notice and service in the manner
provided for service of formal notice. Committee notes revised.
2008 Revision: Committee notes revised.
2012 Revision: Subdivision (a) revised to refer to Rule 2.514
and delete duplicative provisions. Subdivision (d) revised to
incorporate service by e-mail and the filing and service of
documents, rather than papers. Committee notes revised.
2016 Revision: Subdivision (d) revised to clarify that Florida
Rule of General Practice and Judicial Administration 2.514(b) does
not apply if a document is served by formal notice or in the manner
provided for service of formal notice. Committee notes revised.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§ 683.01, Fla. Stat. Legal holidays.
§ 731.301, Fla. Stat. Notice.
§ 732.107, Fla. Stat. Escheat.
§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.
§ 732.402, Fla. Stat. Exempt property.
§ 732.901, Fla. Stat. Production of wills.
§ 733.104, Fla. Stat. Suspension of statutes of limitation in
favor of the personal representative.
§ 733.212, Fla. Stat. Notice of administration; filing of
objections.
§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.
§ 733.701, Fla. Stat. Notifying creditors.
§ 733.702, Fla. Stat. Limitations on presentation of claims.
§ 733.705, Fla. Stat. Payment of and objection to claims.
§ 733.710, Fla. Stat. Limitations on claims against estates.
§ 733.816, Fla. Stat. Disposition of unclaimed property held by
personal representatives.
§ 744.3085, Fla. Stat. Guardian advocates.
Rule References
Fla. Prob. R. 5.040(a)(1) Notice.
Fla. Prob. R. 5.150 Order requiring accounting.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.241 Notice to creditors.
Fla. Prob. R. 5.340(a)–(b) Inventory.
Fla. Prob. R. 5.345 Accountings other than personal
representatives’ final accountings.
Fla. Prob. R. 5.395 Notice of federal estate tax return.
Fla. Prob. R. 5.400 Distribution and discharge.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.
Fla. Prob. R. 5.700 Objection to guardianship reports.
Fla. R. Civ. P. 1.090 Time.
Fla. R. Gen. Prac. & Jud. Admin. 2.514 Computing and
extending time.