What it means
Florida probate uses two kinds of notice. Informal notice is served under rule 5.041. Formal notice means the pleading or motion is served together with a notice requiring the person served to serve written defenses within 20 days after service, exclusive of the day of service, and warning that failure to do so may result in a judgment or order for the relief demanded, without further notice.
If an attorney has appeared for the person, formal notice is delivered to the attorney under Rule 2.516. Otherwise it is sent by commercial delivery or mail requiring a signed receipt, served as process is served under the civil rules or Florida law, or, only when in rem or quasi in rem relief is sought and the rule's conditions are met, sent by first-class mail. Formal notice may be given instead of informal notice and does not modify any time period set by statute or the rules.
- Formal notice is the pleading or motion plus a notice requiring written defenses within 20 days after service, exclusive of the day of service (Rule 5.040(a)(1)).
- If no written defense is served in 20 days, the pleading or motion may be considered ex parte as to that person, unless the court orders otherwise (Rule 5.040(a)(2)).
- If an attorney has appeared for the person, formal notice is served on the attorney under Rule 2.516 (Rule 5.040(a)(3)(A)).
- Without an appearing attorney, service is by signed-receipt commercial delivery or mail, by service of process under the civil rules or Florida law, or by limited first-class mail (Rule 5.040(a)(3)(B)).
- First-class mail is allowed only when in rem or quasi in rem relief is sought and signed-receipt delivery is unavailable, refused, or unclaimed (Rule 5.040(a)(3)(B)(iv)).
- Formal notice may be given instead of informal notice, but it does not modify any time period set by statute or the rules (Rule 5.040(d)).
Text of the rule (2026)
(1) Procedure for Formal Notice. When formal notice is given, the pleading or motion must be served on interested persons, together with a notice requiring the person served to serve written defenses on the person giving notice within 20 days after service of the notice, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service or immediately after service, and notifying the person served that failure to serve written defenses as required may result in a judgment or order for the relief demanded in the pleading or motion, without further notice.
(2) Effect of Service of Formal Notice. After service of formal notice, informal notice of any hearing on the pleading or motion must be served on interested persons, provided that if no written defense is served within 20 days after service of formal notice on an interested person, the pleading or motion may be considered ex parte as to that person, unless the court orders otherwise.
(3) Manner of Service of Formal Notice. (A) If an attorney has appeared for the interested person under the Florida Rules of General Practice and Judicial Administration or the Florida Probate Rules, formal notice must be served on the person by delivery to the attorney in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.516. (B) If an attorney has not appeared for the interested person under the Florida Rules of General Practice and Judicial Administration or the Florida Probate Rules, formal notice must be served in the following manner: (i) by sending a copy by any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt; (ii) as provided in the Florida Rules of Civil Procedure for service of process; (iii) as otherwise provided by Florida law for service of process; or (iv) by first-class mail when only in rem or quasi in rem relief is sought against a person if: a. registered or certified mail service to the addressee requiring a signed receipt is unavailable and if delivery by commercial delivery service requiring a signed receipt is also unavailable; b. delivery under subdivision (a)(3)(B)(i) is attempted and is refused by the addressee; or c. delivery under subdivision (a)(3)(B)(i) is attempted and is unclaimed after notice to the addressee by the delivering entity.
(5) Completion of Service. Service of formal notice under subdivision (a)(3)(B)(i) will be complete on receipt by the person to whom delivery is made. Service of formal notice under subdivision (a)(3)(B)(ii) will be complete as provided in the Florida Rules of Civil Procedure for service of process. Service of formal notice under subdivision (a)(3)(B)(iii) will be complete as provided by Florida law for service of process. Service of formal notice under subdivision (a)(3)(B)(iv) will be complete upon mailing.
(6) Proof of Service. Proof of service under subdivision (a)(3)(B) must be by verified statement of the person serving formal notice and there must be attached to the verified statement the receipt signed by the person to whom delivery was made or other evidence satisfactory to the court that delivery was made. If service is obtained under subdivision (a)(3)(B)(iv), the verified statement must state the basis for service by first-class mail, the date of mailing, and the address to which the first-class mail was sent, and evidence of delivery is not required. Proof of service under subdivisions (a)(3)(B)(ii) or (a)(3)(B)(iii) must be made as provided by Florida law for service of process.
(d) Formal Notice Optional. Formal notice may be given instead of informal notice at the option of the person giving notice unless the court orders otherwise. When formal notice is given instead of informal notice, formal notice must be given to all interested persons entitled to notice. When formal notice is given instead of informal notice, that notice does not modify any time period otherwise specified by statute or these rules.
Excerpts are the subsections the summary relies on. Read the full official text of Rule 5.040.
History. 1975 Revision: Implements section 731.301, Florida Statutes. 1977 Revision: Reference to elisor. 1980 Revision: Editorial changes. Clarification of time for filing defenses after formal notice. Authorizes court to give relief to delinquent respondent from ex parte status; relief from service on numerous persons; allows optional use of formal notice. 1984 Revision: Editorial changes. Eliminates deadline for filing as opposed to serving defenses after formal notice; defines procedure subsequent to service of defenses after formal notice; new requirements for service of formal notice on incompetents and corporations; defines when service of formal notice is deemed complete; provisions relating to method of service of informal notice transferred to new rules 5.041 and 5.042; eliminates waiver of notice by will. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes. Editorial changes. 2001 Revision: Editorial changes in subdivision (a)(3)(A) to clarify requirements for service of formal notice. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a)(3)(A) amended to delete requirement of court approval of commercial delivery service. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2007 Revision: New subdivision (a)(3)(A)(iv) inserted in response to Cason ex rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005), and subsequent subdivisions renumbered accordingly. Committee notes revised. 2008 Revision: Subdivision (a)(3)(A)(iii) revised to include “person with a developmental disability.” Committee notes revised. 2010 Revision: Subdivision (d) amended to clarify that the optional use of formal notice when only informal notice is required does not modify any time period otherwise specified by statute or rule. Committee notes revised. 2012 Revision: Subdivision (b) revised to reflect amendment to rule 5.041. 2016 Revision: Subdivision (e) created to specify when service in the manner provided for service of formal notice is completed. Committee notes revised. 2019 Revision: Subdivision (a) reformatted for easier reading and corrected syntax. Subdivision (a)(3)(D) amended to provide for service by first-class mail when only in rem or quasi in rem relief is sought under certain circumstances. Committee notes revised. 2020 Revision: Committee notes amended. 2023 Revision: Subdivision (a)(6) is amended to note evidence of formal notice is not required when sent by first-class mail. Subdivision (e) is amended to refer to subdivision (a)(5). Committee notes revised. 2025 Revision: Subdivision (a)(3) is amended to permit e-service of formal notice on represented interested persons. Committee notes revised. 2026 Revision: Committee notes revised.
How it applies
Formal notice is the method of service used in probate proceedings and for obtaining in rem jurisdiction over the person's interest in the estate property (committee notes). Service by signed-receipt delivery is complete on receipt, and first-class mail service is complete on mailing (Rule 5.040(a)(5)). Proof of service is a verified statement of the person serving, with the signed receipt or other evidence of delivery attached; for first-class mail the statement gives the basis, mailing date, and address, and evidence of delivery is not required (Rule 5.040(a)(6)). Service of formal notice does not give the court personal jurisdiction (committee notes; § 731.301(2)).
Where this shows up
Pages on this site where Rule 5.040 does real work:
Questions people ask
Sources
- Florida Probate Rules, Rule 5.040 (The Florida Bar) (Formal notice requires "written defenses ... within 20 days after service of the notice" (Rule 5.040(a)(1)).)
- Florida Probate Rules, October 15, 2026 edition (PDF) (Text of subdivisions (a) through (e) and committee notes.)
- Florida Statutes § 731.301 (Statute the rule implements; "formal notice to a person is sufficient notice for the court to exercise its in rem jurisdiction" and the court "does not acquire personal jurisdiction" by formal notice (§ 731.301(2)).)
Last checked: October 17, 2026
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