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
shall file a copy of the recorded notice in the probate proceeding.

(b) Contents. The notice of lien shall contain:

(1) the name and address of the personal
representative and the personal representative’s attorney;

(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. A copy of the recorded notice of lien shall 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.

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.

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.