Florida Probate Rule 5.406
RULE 5.406. PROCEEDINGS TO DETERMINE EXEMPT
PROPERTY
(a) Petition. An interested person may file a petition to
determine exempt property within the time allowed by law.
(b) Contents. The petition shall be verified by the petitioner
and shall:
(1) describe the property and the basis on which it is
claimed as exempt property; and
(2) state the name and address of the decedent’s
surviving spouse or, if none, the names and addresses of decedent’s
children entitled by law to the exempt property and the year of birth
of those who are minors.
(c) Order. The court shall determine each item of exempt
property and its value, if necessary to determine its exempt status,
and order the surrender of that property to the persons entitled to
it.
Committee Notes
This rule establishes the procedure by which the personal
representative or any interested person may petition the court for
determination of exempt property in accordance with article X,
section 4 of the Florida Constitution and section 732.402, Florida
Statutes.
Section 732.402, Florida Statutes, specifies the time within
which the petition to determine exempt property must be filed,
within 4 months after the date of service of the notice of
administration, unless extended as provided in the statute.
Rule History
1984 Revision: New rule.
1988 Revision: Subdivision (a) revised to reflect editorial
changes and to require verification. Subdivision (b)(1) revised to
require the basis for asserting exempt property status. Subdivision
(b)(2) added the requirement of stating addresses of those entitled to
exempt property. Subdivision (c) revised to reflect editorial changes
and to require determination of the value of each item of exempt
property. Committee notes revised.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
1996 Revision: Editorial changes in rule to conform to similar
language in rule 5.405. Committee notes revised.
2003 Revision: Committee notes revised.
2010 Revision: Subdivision (c) amended to limit the instances
in which the value of the property claimed as exempt needs to be
stated in the order.
2012 Revision: Committee notes revised.
2014 Revision: Subdivision (b)(2) amended to conform to Fla.
R. Gen. Prac. & Jud. Admin. 2.425 and provide the year of birth of
a minor. Committee notes revised.
Statutory References
§ 731.104, Fla. Stat. Verification of documents.
§ 732.402, Fla. Stat. Exempt property.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.420 Disposition of personal property without
administration.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
PROPERTY
(a) Petition. An interested person may file a petition to
determine exempt property within the time allowed by law.
(b) Contents. The petition shall be verified by the petitioner
and shall:
(1) describe the property and the basis on which it is
claimed as exempt property; and
(2) state the name and address of the decedent’s
surviving spouse or, if none, the names and addresses of decedent’s
children entitled by law to the exempt property and the year of birth
of those who are minors.
(c) Order. The court shall determine each item of exempt
property and its value, if necessary to determine its exempt status,
and order the surrender of that property to the persons entitled to
it.
Committee Notes
This rule establishes the procedure by which the personal
representative or any interested person may petition the court for
determination of exempt property in accordance with article X,
section 4 of the Florida Constitution and section 732.402, Florida
Statutes.
Section 732.402, Florida Statutes, specifies the time within
which the petition to determine exempt property must be filed,
within 4 months after the date of service of the notice of
administration, unless extended as provided in the statute.
Rule History
1984 Revision: New rule.
1988 Revision: Subdivision (a) revised to reflect editorial
changes and to require verification. Subdivision (b)(1) revised to
require the basis for asserting exempt property status. Subdivision
(b)(2) added the requirement of stating addresses of those entitled to
exempt property. Subdivision (c) revised to reflect editorial changes
and to require determination of the value of each item of exempt
property. Committee notes revised.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
1996 Revision: Editorial changes in rule to conform to similar
language in rule 5.405. Committee notes revised.
2003 Revision: Committee notes revised.
2010 Revision: Subdivision (c) amended to limit the instances
in which the value of the property claimed as exempt needs to be
stated in the order.
2012 Revision: Committee notes revised.
2014 Revision: Subdivision (b)(2) amended to conform to Fla.
R. Gen. Prac. & Jud. Admin. 2.425 and provide the year of birth of
a minor. Committee notes revised.
Statutory References
§ 731.104, Fla. Stat. Verification of documents.
§ 732.402, Fla. Stat. Exempt property.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.420 Disposition of personal property without
administration.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.