Rule 5.404. Notice of Taking Possession of Protected Homestead

(a)     Filing of Notice. If a personal representative takes possession of what appears reasonably to be protected homestead pending a determination of its homestead status, the personal representative shall file a notice of that act.

(b)     Contents of Notice. The notice shall contain:

(1)     a legal description of the property;

(2)     a statement of the limited purpose for preserving, insuring, and protecting it for the heirs or devisees pending a determination of the homestead status;

(3)     the name and address of the personal representative and the personal representative’s attorney;

(4)     if the personal representative is in possession when the notice is filed, the date the personal representative took possession.

(c)     Service of Notice. The notice shall be served in the manner provided for service of formal notice on interested persons and on any person in actual possession of the property.

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