Florida Probate Rule 5.402

Notice of Lien on Protected Homestead

Text of the rules effective October 1, 2026.

  1. (a)
    Filing. If the personal representative has recorded a notice of lien on protected homestead, the personal representative must file a copy of the recorded notice in the probate proceeding.
  2. (b)
    Contents. The notice of lien must contain:
    1. (1)
      the name and address of the personal representative and the personal representative’s attorney;
    2. (2)
      the legal description of the real property;
    3. (3)
      to the extent known, the name and address of each person appearing to have an interest in the property; and
    4. (4)
      a statement that the personal representative has expended or is obligated to expend funds to preserve, maintain, insure, or protect the property and that the lien stands as security for recovery of those expenditures and obligations incurred, including fees and costs.
  3. (c)
    Service. The recorded notice of lien must be served on interested persons in the manner provided for service of 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