Florida Probate Rule 5.403

Proceedings to Determine Amount of Lien on Protected Homestead

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

  1. (a)
    Petition. A personal representative or interested person may file a petition to determine the amount of any lien on protected homestead.
  2. (b)
    Contents. The petition must be verified by the petitioner and must state:
    1. (1)
      the name and address of the personal representative and the personal representative’s attorney;
    2. (2)
      the interest of the petitioner;
    3. (3)
      the legal description of the real property;
    4. (4)
      to the extent known, the name and address of each person appearing to have an interest in the property; and
    5. (5)
      to the extent known, the amounts paid or obligated to be paid by the personal representative to preserve, maintain, insure, or protect the protected homestead, including fees and costs.
  3. (c)
    Service. The petition must be served on interested persons by formal notice.

Notes

Rule History
2005
New rule.
2012
Committee notes revised.
2026
Committee notes revised.

References

Statutory References

  • § 733.608, Fla. Stat. General power of the personal representative.

Rule References