RULE 5.403. PROCEEDINGS TO DETERMINE AMOUNT 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 5.403. PROCEEDINGS TO DETERMINE AMOUNT OF 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.
(b) Contents. The petition must be verified by the petitioner and must 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 must be served on interested persons by formal notice.
Committee Notes
Rule History
2005 Revision: New rule.
2012 Revision: Committee notes revised.
PDF page 1862026 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.
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.