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 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.
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.