RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM

(a) Form. A creditor’s statement of claim shall be verified
and filed with the clerk and shall state:

(1) the basis for the claim;

(2) the amount claimed;
(3) the name and address of the creditor;

(4) the security for the claim, if any; and

(5) whether the claim is currently due or involves an
uncertainty and, if not due, then the due date and, if contingent or
unliquidated, the nature of the uncertainty.

(b) Service. The clerk shall serve a copy of the claim as set
forth in rule 5.041, to the attorney for the personal representative,
unless all personal representatives file a notice directing that claims
be served on a designated personal representative or designated
attorney of record. Absent designation, a copy of claim shall be
served on the attorney for the personal representative named first in
the letters of administration. The clerk shall note the fact and date
of service on the statement of claim pursuant to this rule.

(c) Validity of Claim. Failure to deliver or receive a copy of
the claim shall not affect the validity of the claim.

(d) Amending Claims. If a claim as filed is sufficient to
notify interested persons of its substance but is otherwise defective
as to form, the court may permit the claim to be amended at any
time.

(e) Service by Personal Representative. If the personal
representative files a claim individually, or in any other capacity
creating a conflict of interest between the personal representative
and any interested person, then at the time the claim is filed, the
personal representative shall serve all interested persons with a
copy of the claim and notice of the right to object to the claim. The
notice shall state that an interested person may object to a claim as
provided by law and rule 5.496. Service shall be either by informal
notice or in the manner provided for service of formal notice. Service
on one interested person by a chosen method shall not preclude
service on another interested person by another method.

Committee Notes
Subdivision (d) of this rule represents a rule implementation of
the procedure found in section 733.704, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.

Rule History

1975 Revision: Sets forth the claims procedure to be followed
and clarifies the matter of delivery of copies where there are
multiple personal representatives or where the attorney of record
desires to accept such delivery.

1984 Revision: Extensive editorial changes and requires
furnishing of copy of claim to the attorney for the personal
representative. Committee notes revised.

1988 Revision: Clarifies the matter of delivery of copies and
directs the clerk to mail the same to the attorney for the personal
representative unless designations are filed by all personal
representatives to the contrary. Subdivision (e) added to implement
the procedure found in section 733.704, Florida Statutes. Editorial
changes. Committee notes expanded. Citation form change in
committee notes.

1992 Revision: Committee notes revised. Citation form
changes in committee notes.

1999 Revision: Reference to repealed rule deleted from
committee notes.

2003 Revision: Committee notes revised.

2007 Revision: Editorial change in (a). New (f) added, providing
procedure for notice when personal representative files a claim
individually or otherwise has a conflict of interest with any
interested person regarding a claim.
2019 Revisions. Deletes subdivision (b) to conform to the
electronic filing rule. Subdivision (c) is renumbered to (b) and is
amended to address the electronic service rules. Subdivisions (c)–(e)
are renumbered accordingly. Committee notes revised.

Statutory References

§ 731.104, Fla. Stat. Verification of documents.

§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.

§ 733.702, Fla. Stat. Limitations on presentation of claims.

§ 733.703, Fla. Stat. Form and manner of presenting claim.

§ 733.704, Fla. Stat. Amendment of claims.

§ 733.708, Fla. Stat. Compromise.

§ 733.710, Fla. Stat. Limitations on claims against estates.

§ 734.102, Fla. Stat. Ancillary administration.

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.241 Notice to creditors.

Fla. Prob. R. 5.470 Ancillary administration.

Fla. Prob. R. 5.475 Ancillary administration, short form.

Fla. Prob. R. 5.530 Summary administration.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of Pleadings
and Documents

Fla. R. Gen. Prac. & Jud. Admin. 2.520 Documents

Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic Filing