RULE 9.170. APPEAL PROCEEDINGS IN PROBATE AND GUARDIANSHIP CASES
(a)
Applicability. Appeal proceedings in probate and
guardianship cases will be as in civil cases, except as modified by
this rule.
(b)
Appealable Orders. Except for proceedings under rule
9.100 and rule 9.130(a), appeals of orders rendered in probate and
guardianship cases will be limited to orders that finally determine a
right or obligation of an interested person as defined in the Florida
Probate Code. Orders that finally determine a right or obligation
include, but are not limited to, orders that:
(1)
determine a petition or motion to revoke letters of
administration or letters of guardianship;
(2)
determine a petition or motion to revoke probate of
a will;
(3)
determine a petition for probate of a lost or
destroyed will;
(4)
grant or deny a petition for administration under
section 733.2123, Florida Statutes;
(5)
grant heirship, succession, entitlement, or
determine the persons to whom distribution should be made;
(6)
remove or refuse to remove a fiduciary;
(7)
refuse to appoint a personal representative or
guardian;
(8)
determine a petition or motion to determine
incapacity or to remove rights of an alleged incapacitated person or
ward;
(9)
determine a motion or petition to restore capacity or
rights of a ward;
(10) determine a petition to approve the settlement of
minors’ claims;
(11) determine apportionment or contribution of estate
taxes;
(12) determine an estate’s interest in any property;
(13) determine exempt property, family allowance, or the
homestead status of real property;
(14) authorize or confirm a sale of real or personal
property by a personal representative;
(15) make distributions to any beneficiary;
(16) determine amount and order contribution in
satisfaction of elective share;
(17) determine a motion or petition for enlargement of
time to file a claim against an estate;
(18) determine a motion or petition to strike an objection
to a claim against an estate;
(19) determine a motion or petition to extend the time to
file an objection to a claim against an estate;
(20) determine a motion or petition to enlarge the time to
file an independent action on a claim filed against an estate;
(21) settle an account of a personal representative,
guardian, or other fiduciary;
(22) discharge a fiduciary or the fiduciary’s surety;
(23) grant an award of attorneys’ fees or costs;
(24) deny entitlement to attorneys’ fees or costs; or
(25) approve a settlement agreement on any of the
matters listed above in (b)(1)–(b)(24) or authorizing a compromise
under section 733.708, Florida Statutes.
(c)
Record; Alternative Appendix. An appeal under this
rule may proceed on a record prepared by the clerk of the lower
tribunal or on appendices to the briefs, as elected by the parties
within the time frames set forth in rule 9.200(a)(2) for designating
the record. The clerk of the lower tribunal must prepare a record on
appeal in accordance with rule 9.200 unless the appellant directs
that no record should be prepared; a copy of such direction must be
served on the court when it is served on the clerk of the lower
tribunal. Any other party may direct the clerk to prepare a record in
accordance with rule 9.200; a copy of such direction must be served
on the court when it is served on the clerk of the lower tribunal. If
no record is prepared under this rule, the appeal must proceed
using appendices under rule 9.220.
(d)
Briefs. The appellant’s initial brief, accompanied by an
appendix as prescribed by rule 9.220 (if applicable), must be served
within 70 days of filing the notice of appeal. Additional briefs must
be served as prescribed by rule 9.210.
(e)
Scope of Review. The court may review any ruling or
matter related to the order on appeal occurring before the filing of
the notice of appeal, except any order that was appealable under
this rule. Multiple orders that are separately appealable under rule
9.170(b) may be reviewed by a single notice if the notice is timely
filed as to each such order.
Source: Florida Rules of Appellate Procedure, effective September 4, 2025.
View the official rules: Florida Rules of Appellate Procedure — The Florida Bar (PDF)