Florida Probate Rule 5.498

Personal Representative’s Proof of Claim

Text of the rules effective October 1, 2026.

  1. (a)
    Contents. A personal representative’s proof of claim must state:
    1. (1)
      the basis for each claim;
    2. (2)
      the amount claimed;
    3. (3)
      the name and address of the claimant;
    4. (4)
      the security for the claim, if any;
    5. (5)
      whether the claim is matured, unmatured, contingent, or unliquidated;
    6. (6)
      whether the claim has been paid or is to be paid; and
    7. (7)
      that any objection to a claim listed as to be paid must be filed no later than 4 months from first publication of the notice to creditors or 30 days from the date of the filing of the proof of claim, whichever occurs later.
  2. (b)
    Service. The proof of claim must be served at the time of filing, or promptly after filing, on all interested persons.

Notes

Committee Notes

This rule represents an implementation of the procedure found in section 733.703(2), Florida Statutes, with respect to a proof of claim filed by the personal representative.

Rule History
2005
New rule.
2007
Subdivision (b) amended to eliminate the need to serve claimants listed as paid on the proof of claim, and clarifying editorial change.
2012
Committee notes revised.
2026
Committee notes revised.

References

Statutory References

  • § 733.703(2), Fla. Stat. Form and manner of presenting claim.
  • § 733.705, Fla. Stat. Payment of and objection to claims.

Rule References

  • Fla. Prob. R. 5.041 Service of pleadings and documents.
  • Fla. Prob. R. 5.499 Form and manner of objecting to personal representative’s proof of claim.
  • Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service.