PROCEEDINGS TO DETERMINE AMOUNT OF

Probate Rules

Rule: 5.403

Jurisdiction: FL

Bluebook Citation: Fla. Prob. R. 5.403

LIEN ON PROTECTED HOMESTEAD (a) Petition. A personal representative or interested person may file a petition to determine the amount of any lien on protected homestead. January 1, 2026 Florida Probate Rules 182 (b) Contents. The petition shall be verified by the petitioner and shall state: (1) the name and address of the personal representative and the personal representative’s attorney; (2) the interest of the petitioner; (3) the legal description of the real property; (4) to the extent known, the name and address of each person appearing to have an interest in the property; and (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. (c) Service. The petition shall be served on interested persons by formal notice. Committee Notes Rule History 2005 Revision: New rule. 2012 Revision: Committee notes revised. Statutory References § 733.608, Fla. Stat. General power of the personal representative. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.402 Notice of lien on protected homestead. January 1, 2026 Florida Probate Rules 183 Fla. Prob. R. 5.404 Notice of taking possession of protected homestead. Fla. Prob. R. 5.405 Proceedings to determine protected homestead status of real property. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

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