RULE 5.407. PROCEEDINGS TO DETERMINE FAMILY
ALLOWANCE

(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.

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.