Florida Probate Rule 5.401
Objections to Petition for Discharge or Final Accounting
Amended Oct. 1, 2026See what changed
- (a)Objections. An interested person may object to the petition for discharge or final accounting within 30 days after the service of the later of the petition or final accounting on that interested person.
- (b)Contents. Written objections to the petition for discharge or final accounting must state with particularity the items to which the objections are directed and must state the grounds on which the objections are based.
- (c)Service. The objections must be served by the objector on the personal representative and interested persons not later than 30 days after the last date on which the petition for discharge or final accounting was served on the objector.
- (d)Hearing on Objections. Any interested person may set a hearing on the objections. Notice of the hearing must be given to all interested persons. If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections are deemed abandoned and the personal representative may make distribution as set forth in the plan of distribution.
- (e)Order on Objections. The court must sustain or overrule any objections to the petition for discharge and final accounting and determine a plan of distribution.
- (f)Discharge. On receipt of evidence that the estate has been distributed according to the plan determined by the court and the claims of creditors have been paid or otherwise disposed of, the court must enter an order discharging the personal representative and releasing the surety on any bond.
Notes
Rule History
- 1984
- New rule. Objections to the petition for discharge or final accounting were formerly under prior rule 5.400. Clarifies procedure for objections.
- 1988
- Editorial changes in (a). Committee notes revised. Citation form changes in committee notes.
- 1992
- Committee notes revised. Citation form changes in committee notes.
- 1996
- Subdivision (d) amended to clarify that 90-day period pertains to service of hearing notice, not the actual hearing date.
- 2003
- Committee notes revised.
- 2007
- Committee notes revised.
- 2012
- Committee notes revised.
- 2026
- Committee notes revised.
References
Statutory References
- § 731.201(12), (23), Fla. Stat. General definitions.
- § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
- § 733.901, Fla. Stat. Final discharge.
Rule References
- Fla. Prob. R. 5.020 Pleadings; verification; motions.
- Fla. Prob. R. 5.040 Notice.
- Fla. Prob. R. 5.041 Service of pleadings and documents.
- Fla. Prob. R. 5.042 Time.
- Fla. Prob. R. 5.180 Waiver and consent.
- Fla. Prob. R. 5.400 Distribution and discharge.
- Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service.