Loune-Djenia Askew, Esq.
Oct 20, 2025
Beginning October 1, 2025, new rules will take effect that change how certain parts of probate are handled—particularly when it comes to homestead property and how petitions are filed.
Florida’s probate process is getting an important update. Beginning October 1, 2025, new rules will take effect that change how certain parts of probate are handled—particularly when it comes to homestead property and how petitions are filed.
These updates are designed to make probate cases move more smoothly through the courts. But they also mean that families and estate planners will need to be extra careful about the information they include in wills, trusts, and petitions to avoid delays or disputes.
What’s Changing
The Florida Supreme Court approved several amendments to the Probate Rules, with one of the most notable changes affecting Rule 5.405, which governs petitions to determine homestead status.
Here’s what’s new:
Petitions must now include whether the person died with or without a will. This helps the court quickly identify how the estate should be distributed.
Spousal homestead waivers must specify how and when they were made. For example, if a surviving spouse waived homestead rights in a prenuptial or postnuptial agreement, that information must now be clearly stated in the petition.
In addition to the homestead rule, Florida also updated notice and guardianship procedures. These revisions aim to make probate more efficient and reduce confusion among heirs, personal representatives, and attorneys.
Why These Changes Matter
While these updates are intended to simplify the process, they also raise the stakes for accuracy. Any missing details or unclear statements about a decedent’s will, homestead status, or spousal rights could lead to delays, extra costs, or even disputes among family members.
For example:Imagine a husband passes away, leaving a will that was written years ago. The will mentions his home but doesn’t clearly state that it’s his homestead property. His wife had previously signed a postnuptial agreement waiving her homestead rights—but the waiver details weren’t included in the petition.
Under the new rule, the court may reject the petition or request additional documents, delaying the transfer of the property to the rightful heirs. In some cases, this could even lead to a legal dispute over ownership.
With the 2025 rule changes, accurate and complete filings will be more important than ever to prevent these types of issues.
What Families and Estate Owners Should Do Now
If you live in Florida and have a will or trust that includes a homestead property, now is the perfect time to review your estate plan. Make sure that:
Your will or trust clearly identifies your homestead property.
Any spousal waivers are properly documented and easy to reference.
Your estate planning documents reflect your current family and financial situation.
Even small oversights can cause complications under the new probate standards. Reviewing and updating your documents now can save your loved ones from unnecessary stress later.
Final Thoughts
Florida’s 2025 probate updates are meant to make the process smoother and more consistent—but they also highlight the importance of clear and updated estate plans. If your will or trust hasn’t been reviewed in several years, or if your family’s situation has changed, it’s wise to meet with an experienced Florida estate planning attorney.
By staying proactive, you can ensure your estate complies with the new rules and that your wishes are carried out without unnecessary delays or disputes.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.