Florida Probate Rule 5.120
“Administrator Ad Litem and Guardian Ad Litem”
What it means
Rule 5.120 provides two court-appointed representatives. Under (a)(1), a court may appoint a guardian ad litem at any point in a proceeding to represent an incapacitated person, an unborn or unascertained person, a minor or other person under a legal disability, a person with a developmental disability, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate.
Under (a)(2), when an estate or ward must be represented and there is no personal representative or guardian, or the one serving is or may be interested adversely to the estate or ward or is enforcing their own debt or claim, the court may appoint an administrator ad litem or guardian ad litem for that particular proceeding, without bond or notice. The appointee files an oath, is not served with process, and appears and defends as the court directs. A personal representative's request for reimbursement of claims against the decedent that the representative paid does not by itself require the appointment (Rule 5.120(g)).
- A court may appoint a guardian ad litem at any point if representation of the interest of a listed person otherwise would be inadequate (Rule 5.120(a)(1)).
- An administrator ad litem or guardian ad litem may be appointed without bond or notice for a particular proceeding when there is no personal representative or guardian, the one serving is adverse or enforcing their own claim, or the necessity arises otherwise (Rule 5.120(a)(2)).
- One guardian ad litem may represent several persons or interests if no conflict of interest precludes it (Rule 5.120(a)(3)).
- The appointee files an oath, no process is served on them, and they must appear and defend as the court directs (Rule 5.120(a)(4)).
- Within 10 days after appointment, the petitioner serves the petition and order: for a guardian ad litem on the guardian or natural guardians (Rule 5.120(c)); for an administrator ad litem on the attorney of record of each beneficiary and on each known beneficiary not represented by an attorney (Rule 5.120(e)).
- A personal representative's request for reimbursement of claims the representative paid does not require an administrator ad litem (Rule 5.120(g)).
Text of the rule (2026)
(a) Appointment. (1) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, a person with a developmental disability, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. (2) When it is necessary that the estate of a decedent or a ward be represented in any probate or guardianship proceeding and: (A) there is no personal representative of the estate or guardian of the ward; (B) the personal representative or guardian is or may be interested adversely to the estate or ward, or is enforcing the personal representative’s or guardian’s own debt or claim against the estate or ward; or (C) the necessity arises otherwise, the court may appoint an administrator ad litem or a guardian ad litem, as the case may be, without bond or notice for that particular proceeding. (3) If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. (4) The administrator ad litem or guardian ad litem must file an oath to discharge all duties faithfully and on the filing must be qualified to act. No process need be served on the administrator ad litem or guardian ad litem, but such person must appear and defend as directed by the court.
(c) Notice. Within 10 days after appointment, the petitioner must serve conformed copies of the petition for appointment of a guardian ad litem and order to any guardian, or if there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person.
(e) Service of Petition and Order. Within 10 days after appointment, the petitioner for an administrator ad litem must serve the petition for appointment and order to the attorney of record of each beneficiary and to each known beneficiary not represented by an attorney of record.
(g) Claim of Personal Representative. The fact that the personal representative is seeking reimbursement for claims against the decedent paid by the personal representative does not require appointment of an administrator ad litem.
Excerpts are the subsections the summary relies on. Read the full official text of Rule 5.120.
History. 1977 Revision: Editorial change in (a) limiting application of rule to probate and guardianship proceedings. In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and includes some of the provisions of prior rule 5.230. 1988 Revision: Editorial changes; captions added to paragraphs. Citation form changes in committee notes. 1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.303(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. 2008 Revision: Subdivisions (a), (b), (c), and (d) amended to include persons with a developmental disability. Committee notes revised. 2012 Revision: The phrase “deliver or mail” in subdivisions (c), (d), and (e) has been replaced with the word “serve” to comply with other rules relating to service of pleadings and documents. Committee notes revised. 2014 Revision: Amends subdivision (b)(1) to conform to Florida Rule of General Practice and Judicial Administration 2.425. Committee notes revised. 2020 Revision: Committee notes revised. Citation form changes in committee notes. 2026 Revision: Subdivision (a) reorganized. Committee notes revised.
How it applies
A petition for a guardian ad litem states the initials and residence address of each minor, person with a developmental disability, or incapacitated person, the year of birth of each minor, any guardian, the person's interest in the proceedings, and the facts showing the necessity for the appointment (Rule 5.120(b)). The guardian ad litem serves any written report or finding, the petition for compensation and discharge, and the notice of hearing on the guardians or natural guardians (Rule 5.120(d)). A judgment or other relief the ad litem recovers is enforced as other judgments, and the money is paid to the personal representative or guardian, or as the court orders (Rule 5.120(f)).
Questions people ask
Sources
- Florida Probate Rules, Rule 5.120 (The Florida Bar) ("a court may appoint a guardian ad litem" if "representation of the interest otherwise would be inadequate" (Rule 5.120(a)(1)).)
- Florida Probate Rules, October 15, 2026 edition (PDF) (Text of subdivisions (a) through (g) and the 2026 revision note.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.