Florida Probate Rule 5.110
RULE 5.110. ADDRESS DESIGNATION FOR PERSONAL
REPRESENTATIVE OR GUARDIAN;
DESIGNATION OF RESIDENT AGENT AND
ACCEPTANCE
(a) Address Designation of Personal Representative or
Guardian. Before letters are issued, the personal representative or
guardian must file a designation of street address, and mailing
address. If the personal representative or guardian is an individual,
the designation must also include the individual’s residence
address. The personal representative or guardian must notify the
court of any change in its residence address, street address, or
mailing address within 20 days of the change.
(b) Designation of Resident Agent. Before letters are
issued, a personal representative or guardian must file a
designation of resident agent for service of process or notice, and
the acceptance by the resident agent. A designation of resident
agent is not required if a personal representative or guardian is (1) a
corporate fiduciary having an office in Florida, or (2) a Florida Bar
member who is a resident of and has an office in Florida. The
designation must contain the name, street address, and mailing
address of the resident agent. If the resident agent is an individual
who is not an attorney, the designation must also include the
individual’s residence address.
(c) Residency Requirement. A resident agent, other than a
member of The Florida Bar who is a resident of Florida, must be a
resident of the county where the proceedings are pending.
(d) Acceptance by Resident Agent. The resident agent
must sign a written acceptance of designation.
(e) Incorporation in Other Pleadings. The designation of
the address of the personal representative or guardian, the
designation of resident agent, or acceptance may be incorporated in
the petition for administration, the petition for appointment of
guardian, or the personal representative’s or guardian’s oath.
(f) Effect of Designation and Acceptance. The designation
of and acceptance by the resident agent shall constitute consent to
service of process or notice on the agent and shall be sufficient to
bind the personal representative or guardian:
(1) in its representative capacity in any action; and
(2) in its personal capacity only in those actions in
which the personal representative or guardian is sued personally for
claims arising from the administration of the estate or
guardianship.
(g) Successor Agent. If the resident agent dies, resigns, or is
unable to act for any other reason, the personal representative or
guardian must appoint a successor agent within 10 days after
receiving notice that such event has occurred.
Committee Notes
Rule History
1977 Revision: Change in committee note to conform to
statutory renumbering. Substantially the same as prior rule 5.210,
except that under prior rule, designation was required to be filed
within 10 days after letters issued.
1984 Revision: Captions added to subdivisions. New
subdivision (b) added. Requires filing acceptance at the same time
as filing designation. Committee notes revised.
1988 Revision: Change in (c) to clarify that the personal
representative, if a member of The Florida Bar, may not also serve
as resident agent for service of process or notice. Citation form
change in committee notes.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
2000 Revision: Extensive editorial changes to rule. Rule
reformatted for clarity and revised to permit an attorney serving as
resident agent to designate a business address in lieu of a residence
address.
2003 Revision: Committee notes revised.
2008 Revision: Committee notes revised.
2010 Revision: Subdivision (a) amended to require the
personal representative or guardian to notify the court of any
change of address to facilitate timely communication with the
personal representative or guardian.
2013 Revision: Subdivision (b) amended to limit to individuals
the requirement that the guardian or personal representative
provide a designation of residence address, excluding corporate
fiduciaries. Editorial changes to conform to the court’s guidelines
for rules submissions as set forth in AOSC06-14.
Rule References
Fla. Prob. R. 5.200 Petition for administration.
Fla. Prob. R. 5.320 Oath of personal representative.
Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.
Fla. Prob. R. 5.649 Guardian advocate.
REPRESENTATIVE OR GUARDIAN;
DESIGNATION OF RESIDENT AGENT AND
ACCEPTANCE
(a) Address Designation of Personal Representative or
Guardian. Before letters are issued, the personal representative or
guardian must file a designation of street address, and mailing
address. If the personal representative or guardian is an individual,
the designation must also include the individual’s residence
address. The personal representative or guardian must notify the
court of any change in its residence address, street address, or
mailing address within 20 days of the change.
(b) Designation of Resident Agent. Before letters are
issued, a personal representative or guardian must file a
designation of resident agent for service of process or notice, and
the acceptance by the resident agent. A designation of resident
agent is not required if a personal representative or guardian is (1) a
corporate fiduciary having an office in Florida, or (2) a Florida Bar
member who is a resident of and has an office in Florida. The
designation must contain the name, street address, and mailing
address of the resident agent. If the resident agent is an individual
who is not an attorney, the designation must also include the
individual’s residence address.
(c) Residency Requirement. A resident agent, other than a
member of The Florida Bar who is a resident of Florida, must be a
resident of the county where the proceedings are pending.
(d) Acceptance by Resident Agent. The resident agent
must sign a written acceptance of designation.
(e) Incorporation in Other Pleadings. The designation of
the address of the personal representative or guardian, the
designation of resident agent, or acceptance may be incorporated in
the petition for administration, the petition for appointment of
guardian, or the personal representative’s or guardian’s oath.
(f) Effect of Designation and Acceptance. The designation
of and acceptance by the resident agent shall constitute consent to
service of process or notice on the agent and shall be sufficient to
bind the personal representative or guardian:
(1) in its representative capacity in any action; and
(2) in its personal capacity only in those actions in
which the personal representative or guardian is sued personally for
claims arising from the administration of the estate or
guardianship.
(g) Successor Agent. If the resident agent dies, resigns, or is
unable to act for any other reason, the personal representative or
guardian must appoint a successor agent within 10 days after
receiving notice that such event has occurred.
Committee Notes
Rule History
1977 Revision: Change in committee note to conform to
statutory renumbering. Substantially the same as prior rule 5.210,
except that under prior rule, designation was required to be filed
within 10 days after letters issued.
1984 Revision: Captions added to subdivisions. New
subdivision (b) added. Requires filing acceptance at the same time
as filing designation. Committee notes revised.
1988 Revision: Change in (c) to clarify that the personal
representative, if a member of The Florida Bar, may not also serve
as resident agent for service of process or notice. Citation form
change in committee notes.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
2000 Revision: Extensive editorial changes to rule. Rule
reformatted for clarity and revised to permit an attorney serving as
resident agent to designate a business address in lieu of a residence
address.
2003 Revision: Committee notes revised.
2008 Revision: Committee notes revised.
2010 Revision: Subdivision (a) amended to require the
personal representative or guardian to notify the court of any
change of address to facilitate timely communication with the
personal representative or guardian.
2013 Revision: Subdivision (b) amended to limit to individuals
the requirement that the guardian or personal representative
provide a designation of residence address, excluding corporate
fiduciaries. Editorial changes to conform to the court’s guidelines
for rules submissions as set forth in AOSC06-14.
Rule References
Fla. Prob. R. 5.200 Petition for administration.
Fla. Prob. R. 5.320 Oath of personal representative.
Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.
Fla. Prob. R. 5.649 Guardian advocate.