Rule 5.065 - NOTICE OF CIVIL ACTION OR ANCILLARY ADMINISTRATION(a) Civil Action. A personal representative and a guardian shall file a notice when a civil action has been instituted by or against the personal representative or the guardian. The notice shall contain: (1) the names of the parties;(2) the style of the court and the case number;(3) the county and state where the proceeding is pending;(4) the date of commencement of the proceeding; and(5) a brief statement of the nature of the proceeding.(b) Ancillary Administration. The domiciliary personal representative shall file a notice when an ancillary administration has commenced, which notice shall contain: (1) the name and residence address of the ancillary personal representative; and(2) the information required in subdivisions (a)(2), (3), and (4) above.(c) Copies Exhibited. A copy of the initial pleading may be attached to the notice. To the extent an attached initial pleading states the required information, the notice need not restate it.Amended by 309 So.3d 196, effective 12/31/2020; amended by 778 So.2d 272, effective 1/1/2001; added by 458 So.2d 1079, effective 1/1/1985.Committee Notes
This rule reflects a procedural requirement not founded on a statute or rule.
Rule History
1984 Revision: New rule.
1988 Revision: Committee notes expanded.
1992 Revision: Editorial change. Citation form changes in committee notes.
2000 Revision: Subdivision (b) amended to eliminate requirement to set forth nature and value of ancillary assets.
2020 Revision: Statutory references amended.
2021 Revision: Statutory references amended.
Statutory References
§ 733.612(20), Fla. Stat. Transactions authorized for the personal representative; exceptions.
§ 744.441(1)(k), Fla. Stat. Powers of guardian upon court approval.