Florida Probate Rule 5.025
“Adversary Proceedings”
What it means
Rule 5.025 applies to the proceedings listed in subdivision (a) and to proceedings declared adversary under subdivision (b) or (c). Rule 5.025(a) lists 14 proceedings that are adversary proceedings unless the court orders otherwise. They include removing or surcharging a personal representative or guardian, probating a lost or later-discovered will, determining beneficiaries, contesting the validity of a will, revoking probate, construing, reforming, or modifying a will, determining the elective share, and enforcing a personal representative's authority under § 733.612.
Other proceedings become adversary when a party serves a separate declaration, or when the court determines at any time that the proceeding is adversary. After formal notice, an adversary proceeding is conducted, as nearly as practicable, like a civil suit, including entry of defaults. The Florida Rules of Civil Procedure govern, except rule 1.525, and the court may enter orders to avoid undue delay in the main administration.
- Fourteen listed proceedings, such as will contests, revocation of probate, removal or surcharge of a fiduciary, and elective share disputes, are adversary unless the court orders otherwise (Rule 5.025(a)).
- A petitioner makes another proceeding adversary by serving a separate declaration with the petition (Rule 5.025(b)(1)).
- A respondent serves the declaration and a written response at the earlier of 20 days after service of the petition or before the hearing date (Rule 5.025(b)(2)).
- The court may determine any proceeding to be adversary at any time (Rule 5.025(c)).
- The petitioner serves formal notice, except in proceedings under § 825.1035, and the Florida Rules of Civil Procedure govern, except rule 1.525 (Rule 5.025(d)(1)-(2)).
- If a pending proceeding is declared adversary, written defenses are due within 20 days from the date of the order; the petition is not re-served unless the court orders it (Rule 5.025(d)(4)).
Text of the rule (2026)
(a) Specific Adversary Proceedings. The following proceedings are adversary proceedings unless otherwise ordered by the court: (1) to remove or surcharge a personal representative; (2) to remove or surcharge a guardian; (3) to obtain an injunction or temporary injunction under section 825.1035, Florida Statutes; (4) to probate a lost or destroyed will, or later-discovered will; (5) to determine beneficiaries; (6) to contest the validity of a will; (7) for revocation of probate of a will; (8) to construe, reform, or modify a will; (9) to cancel a devise; (10) to partition property for the purposes of distribution; (11) to determine pretermitted status or pretermitted share; (12) to determine amount of elective share; (13) to determine elective share contribution; and (14) to enforce the authority of a personal representative under section 733.612, Florida Statutes.
(b) Declared Adversary Proceedings. Other proceedings may be declared adversary by service on interested persons of a separate declaration that the proceeding is adversary. (1) If served by the petitioner, the declaration must be served with the petition to which it relates. (2) If served by the respondent, the declaration and a written response to the petition must be served at the earlier of: (A) within 20 days after service of the petition, or (B) before the hearing date on the petition. (3) When the declaration is served by a respondent, the petitioner must promptly serve formal notice on all other interested persons.
(c) Adversary Status by Order. The court may determine any proceeding to be an adversary proceeding at any time.
(d) Notice and Procedure in Adversary Proceedings. (1) Petitioner must serve formal notice, except as provided in proceedings under section 825.1035, Florida Statutes. (2) After service of formal notice, the proceedings, as nearly as practicable, must be conducted similarly to suits of a civil nature, including entry of defaults. The Florida Rules of Civil Procedure govern, except for rule 1.525. (3) The court on its motion or on motion of any interested person may enter orders to avoid undue delay in the main administration. (4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary, it must thereafter be conducted as an adversary proceeding. The order must require interested persons to serve written defenses, if any, within 20 days from the date of the order. It is not necessary to re-serve the petition except as ordered by the court. (5) When the proceedings are adversary, the caption of subsequent pleadings, as an extension of the probate caption, must include the name of the first petitioner and the name of the first respondent.
Excerpts are the subsections the summary relies on. Read the full official text of Rule 5.025.
History. 1975 Revision: New rule. 324 So. 2d 38. 1977 Revision: Editorial changes to (a)(1). 1984 Revision: Extensive changes, committee notes revised and expanded. 1988 Revision: Changes in (a) add proceedings to remove a guardian and to surcharge a guardian to the list of specific adversary proceedings and delete proceedings to determine and award the elective share from the list. Change in (b)(4) clarifies on whom the petitioner must serve formal notice. Editorial change in (d)(2) and (d)(5). Committee notes revised. Citation form changes in committee notes. 1992 Revision: Deletion of (b)(3) as unnecessary. Former (b)(4) renumbered as new (b)(3). Committee notes revised. Citation form changes in committee notes. 2001 Revision: Change in (a) to add determination of amount of elective share and contribution as specific adversary proceedings. Committee notes revised. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. 2011 Revision: Subdivision (a) revised to add “reform a will, modify a will” and “determine pretermitted status.” Subdivision (d)(2) modified to insure that an award of attorneys’ fees in a probate or guardianship proceeding follows the law and procedures established for such proceedings, rather than the law and procedures for civil proceedings. See Amendments to the Florida Family Law Rules of Procedure (Rule 12.525), 897 So. 2d 467 (Fla. 2005). Editorial changes to conform to the court’s guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Committee notes revised. 2018 Revision: Subdivisions (a) and (d)(1) amended to reference section 825.1035, Florida Statutes. Committee notes revised. 2024 Revision: Subdivision (a) amended to create new subdivisions (a)(1)–(a)(13) and to include in the list of specific adversary proceedings those proceedings that contest the validity of a will. Committee notes revised. 2026 Revision: Subdivision (a) amended to add proceedings to enforce the authority of a personal representative under section 733.612. Committee notes revised. 2026 Revision: Grammatical amendment to subdivision (d)(2). Committee notes revised.
How it applies
A proceeding on the subdivision (a) list, or one declared adversary under subdivision (b) or by order under subdivision (c), requires formal notice under rule 5.040, except proceedings under § 825.1035 (Rule 5.025(d)(1)). After formal notice, civil procedure applies, including entry of defaults (Rule 5.025(d)(2)). Pleadings after the first carry a caption, as an extension of the probate caption, that names the first petitioner and the first respondent (Rule 5.025(d)(5)). The court may enter orders to avoid undue delay in the main administration (Rule 5.025(d)(3)).
Where this shows up
Pages on this site where Rule 5.025 does real work:
Related sections
Questions people ask
Sources
- Florida Probate Rules, Rule 5.025 (The Florida Bar) ("The following proceedings are adversary proceedings unless otherwise ordered by the court" (Rule 5.025(a)).)
- Florida Probate Rules, October 15, 2026 edition (PDF) (Text of subdivisions (a) through (d) and the 2026 revision notes.)
- Florida Statutes § 733.612 (Transactions authorized for the personal representative; referenced in Rule 5.025(a)(14).)
Last checked: October 17, 2026
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