RULE 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD
Compilation updated · Source captured 2026-10-10. Florida Bar compilation; later amendments may exist. A compilation update date is not the effective date of every rule.
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RULE 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD
(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.
(b) Contents. The notice of lien must contain:
(1) the name and address of the personal representative and the personal representative’s attorney;
PDF page 184(2) the legal description of the real property;
(3) to the extent known, the name and address of each person appearing to have an interest in the property; and
(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.
(c) Service. The recorded notice of lien must be served on interested persons in the manner provided for service of formal notice.
Committee Notes
Rule History
2005 Revision: New rule.
2012 Revision: Committee notes revised.
2026 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. 5.403 Proceedings to determine amount of lien on protected homestead.
Fla. Prob. R. 5.404 Notice of taking possession of protected homestead.
PDF page 185Fla. Prob. R. 5.405 Proceedings to determine protected homestead status of real property.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service.