Florida Probate Rule 5.406

Proceedings to Determine Exempt Property

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

  1. (a)
    Petition. An interested person may file a petition to determine exempt property within the time allowed by law.
  2. (b)
    Contents. The petition must be verified by the petitioner and must:
    1. (1)
      describe the property and the basis on which it is claimed as exempt property; and
    2. (2)
      state the name and address of the decedent’s surviving spouse or, if none, the names and addresses of decedent’s children entitled by law to the exempt property and the year of birth of those who are minors.
  3. (c)
    Order. The court must determine each item of exempt property and its value, if necessary to determine its exempt status, and order the surrender of that property to the persons entitled to it.

Notes

Committee Notes

This rule establishes the procedure by which the personal representative or any interested person may petition the court for determination of exempt property in accordance with article X, section 4 of the Florida Constitution and section 732.402, Florida Statutes. Section 732.402, Florida Statutes, specifies the time within which the petition to determine exempt property must be filed, within 4 months after the date of service of the notice of administration, unless extended as provided in the statute.

Rule History
1984
New rule.
1988
Subdivision (a) revised to reflect editorial changes and to require verification. Subdivision (b)(1) revised to require the basis for asserting exempt property status. Subdivision (b)(2) added the requirement of stating addresses of those entitled to exempt property. Subdivision (c) revised to reflect editorial changes and to require determination of the value of each item of exempt property. Committee notes revised.
1992
Committee notes revised. Citation form changes in committee notes.
1996
Editorial changes in rule to conform to similar language in rule 5.405. Committee notes revised.
2003
Committee notes revised.
2010
Subdivision (c) amended to limit the instances in which the value of the property claimed as exempt needs to be stated in the order.
2012
Committee notes revised.
2014
Subdivision (b)(2) amended to conform to Florida Rule of General Practice and Judicial Administration 2.425 and provide the year of birth of a minor. Committee notes revised.
2026
Committee notes revised.

References

Statutory References

Rule References