New Florida Probate Rule Change: Why Contested Estate Matters Require Specialized Counsel

On July 16, 2026, the Florida Supreme Court issued Opinion No. SC2026-0690, adopting amendments to several Florida Probate Rules in response to chapter 2026-57, Laws of Florida. Among these changes is a significant update that anyone involved in estate administration should understand: new Rule 5.025(a)(14), which classifies proceedings to enforce the authority of a personal representative under section 733.612, Florida Statutes, as adversary proceedings.

What Changed?

Florida Probate Rule 5.025 governs which estate proceedings are considered "adversary" — meaning they are treated more like traditional lawsuits, with formal pleading requirements, discovery rights, and evidentiary hearings. Previously, the rule listed thirteen categories of adversary proceedings, ranging from proceedings to probate a will to actions to determine the elective share.  The new subdivision (a)(14) adds a fourteenth category: actions to enforce the authority of a personal representative under section 733.612, Florida Statutes. This statute addresses the transactions a personal representative is authorized to carry out in administering an estate. When disputes arise over whether a personal representative has the authority to take a particular action — or whether that authority has been properly exercised — those proceedings will now be handled as adversary matters unless the court orders otherwise.

Why This Matters

Many attorneys handle routine probate matters such as filing petitions, guiding families through uncontested administrations, and distributing assets. These are important services, and most estates proceed without significant conflict. But when disputes arise — challenges to a personal representative's authority, contested accountings, breach of fiduciary duty claims, or will contests — the nature of the work changes dramatically. Adversary proceedings in probate court function much like civil litigation. They require experience with formal pleading, discovery, depositions, evidentiary hearings, and trial practice within the specialized framework of the probate rules.

The addition of Rule 5.025(a)(14) underscores a growing recognition that disputes over a personal representative's authority are serious contested matters deserving of the procedural protections that come with adversary classification. For beneficiaries, creditors, and personal representatives alike, this means that having counsel experienced in contested estate litigation — not just routine probate administration — is more important than ever.

Other Notable Changes in the Opinion

The same opinion also adopted two other amendments worth noting:

1. Rule 5.425 — The value of nonexempt personal property eligible for disposition without administration in small intestate estates increased from $10,000 to $20,000.
2. Rule 5.530 — The value of estates subject to summary administration increased from $75,000 to $150,000.

These changes, effective immediately, reflect updated thresholds enacted by the Florida Legislature and may allow more estates to take advantage of simplified procedures.

The Bottom Line

Not every probate attorney handles contested estate matters, and not every contested estate matter should be handled by an attorney whose practice is limited to routine administration. If you or your family are facing a dispute involving a personal representative's authority, a will contest, or any other adversary proceeding in a Florida probate court, it is critical to work with counsel who has specific experience in this area.

For contested estates and all probate-related matters, please contact Melody Lynch at melody.lynch@lowndes-law.com.