Florida Probate Form Rule 5.901

Petition to Determine Incapacity

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: June 1, 2026
First page of Petition to Determine Incapacity

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About Petition to Determine Incapacity

To request a court determination of whether a respondent is incapacitated and to specify which legal rights should be removed or delegated to a guardian.

When you'd use it: When initiating guardianship proceedings and seeking a judicial declaration of incapacity under Florida law.

Where to get the official form

The official version of Petition to Determine Incapacity is published as a PDF by the Florida courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:

Verified official PDF

Download Petition to Determine Incapacity (PDF) →

Source: flcourts.gov

Link last checked: May 30, 2026

How to file Petition to Determine Incapacity in Florida

  1. Step 1 — Confirm you have the correct formUse Petition to Determine Incapacity (Rule 5.901) when when initiating guardianship proceedings and seeking a judicial declaration of incapacity under Florida law. Double-check it's the right form for your situation — Florida probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
  2. Step 2 — Complete every required fieldFill out Petition to Determine Incapacity carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
  3. Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
  4. Step 4 — File it with the correct courtSubmit Petition to Determine Incapacity to the probate court or county clerk handling the estate — usually in the Florida county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).

Working through the Petition to Determine Incapacity? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

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Probate in Florida

See the full Florida probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the Florida probate guide →

Frequently Asked Questions

What is Petition to Determine Incapacity (Rule 5.901)?
To request a court determination of whether a respondent is incapacitated and to specify which legal rights should be removed or delegated to a guardian. You'd typically use it when when initiating guardianship proceedings and seeking a judicial declaration of incapacity under Florida law.
Where do I file Petition to Determine Incapacity in Florida?
Probate forms are filed with the probate court or county clerk in the Florida county where the deceased person lived. Our Florida probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Petition to Determine Incapacity?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Petition to Determine Incapacity available online?
Most Florida probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other Florida Probate Forms

Statement of ClaimVerified Petition for Disposition of Personal Property Without AdministrationAffidavit for Disposition Without Administration of Intestate Personal Property in Small EstatesRULE 5.9XXStatement of ClaimCLK/CT. 041

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.