RULE 5.404. NOTICE OF TAKING POSSESSION OF
PROTECTED HOMESTEAD

(a) Filing of Notice. If a personal representative takes
possession of what appears reasonably to be protected homestead
pending a determination of its homestead status, the personal
representative shall file a notice of that act.

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

(1) a legal description of the property;

(2) a statement of the limited purpose for preserving,
insuring, and protecting it for the heirs or devisees pending a
determination of the homestead status;

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

(4) if the personal representative is in possession when
the notice is filed, the date the personal representative took
possession.

(c) Service of Notice. The notice shall be served in the
manner provided for service of formal notice on interested persons
and on any person in actual possession of the property.

Committee Notes

Rule History
2002 Revision: New rule.

2005 Revision: Term “devisees” substituted for “beneficiaries”
in subdivision (b)(2) to clarify the status of persons interested in
protected homestead. Committee notes revised.

2013 Revision: Deletes subdivision (b)(4) because the required
information is not appropriate for a Notice of Taking possession, nor
does it comply with the Americans with Disabilities Act
requirements.

Statutory References

§ 732.401, Fla. Stat. Descent of homestead.

§ 732.4015, Fla. Stat. Devise of homestead.

§ 733.608(2), Fla. Stat. General power of the personal
representative.

Rule References

Fla. Prob. R. 5.402 Notice of lien on protected homestead.

Fla. Prob. R. 5.403 Proceedings to determine amount of lien on
protected homestead.

Fla. Prob. R. 5.405 Proceedings to determine protected
homestead status of real property.