Florida Probate Rule 5.510
RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR
DESTROYED WILL
(a) Proceeding. The establishment and probate of a lost or
destroyed will shall be in one proceeding.
(b) Petition. The petition, in addition to reciting information
required under these rules for petition for administration, shall
include a statement of the facts constituting grounds on which
relief is sought, and a statement of the contents of the will or, if
available, a copy of the will.
(c) Testimony. The testimony of each witness in the
proceeding shall be reduced to writing and filed and may be used as
evidence in any contest of the will if the witness has died or moved
from the state.
(d) Notice. No lost or destroyed will shall be admitted to
probate unless formal notice has been given to those who, but for
the will, would be entitled to the property thereby devised.
(e) Order. The order admitting the will to probate shall state
in full its terms and provisions.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.207, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
1977 Revision: Editorial change in subdivision (c) of prior rule.
1984 Revision: Extensive changes. Committee notes revised.
1988 Revision: Rule rewritten to conform to statute.
Committee notes expanded. Citation form change in committee
notes.
1992 Revision: Committee notes revised. Citation form change
in committee notes.
2002 Revision: Subdivision (d) added to implement procedure
formerly found in section 733.207(3), Florida Statutes. Committee
notes revised.
2003 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
Statutory Reference
§ 733.207, Fla. Stat. Establishment and probate of lost or
destroyed will.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.200 Petition for administration.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
DESTROYED WILL
(a) Proceeding. The establishment and probate of a lost or
destroyed will shall be in one proceeding.
(b) Petition. The petition, in addition to reciting information
required under these rules for petition for administration, shall
include a statement of the facts constituting grounds on which
relief is sought, and a statement of the contents of the will or, if
available, a copy of the will.
(c) Testimony. The testimony of each witness in the
proceeding shall be reduced to writing and filed and may be used as
evidence in any contest of the will if the witness has died or moved
from the state.
(d) Notice. No lost or destroyed will shall be admitted to
probate unless formal notice has been given to those who, but for
the will, would be entitled to the property thereby devised.
(e) Order. The order admitting the will to probate shall state
in full its terms and provisions.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.207, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
1977 Revision: Editorial change in subdivision (c) of prior rule.
1984 Revision: Extensive changes. Committee notes revised.
1988 Revision: Rule rewritten to conform to statute.
Committee notes expanded. Citation form change in committee
notes.
1992 Revision: Committee notes revised. Citation form change
in committee notes.
2002 Revision: Subdivision (d) added to implement procedure
formerly found in section 733.207(3), Florida Statutes. Committee
notes revised.
2003 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
Statutory Reference
§ 733.207, Fla. Stat. Establishment and probate of lost or
destroyed will.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.200 Petition for administration.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.