Florida Probate Rule 5.496
RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM
(a) Filing. An objection to a claim, other than a personal
representative’s proof of claim, shall be in writing and filed on or
before the expiration of 4 months from the first publication of notice
to creditors or within 30 days from the timely filing or amendment
of the claim, whichever occurs later.
(b) Service. A personal representative or other interested
person who files an objection to the claim shall serve a copy of the
objection on the claimant. If the objection is filed by an interested
person other than the personal representative, a copy of the
objection shall also be served on the personal representative. Any
objection shall include a certificate of service.
(c) Notice to Claimant. An objection shall contain a
statement that the claimant is limited to a period of 30 days from
the date of service of an objection within which to bring an action as
provided by law.
Committee Notes
This rule represents an implementation of the procedure found
in section 733.705, Florida Statutes, and adds a requirement to
furnish notice of the time limitation in which an independent action
or declaratory action must be filed after objection to a claim.
Rule History
1992 Revision: New rule.
2003 Revision: Reference in (a) to notice of administration
changed to notice to creditors. Committee notes revised.
2005 Revision: Removed provision for objections to personal
representative’s proof of claim, now addressed in rule 5.498, and
subsequent subdivisions relettered. Reference to service on the
claimant’s attorney removed because service on the attorney is
required by rule 5.041(b). Committee notes revised.
2007 Revision: Editorial change in (a). Second sentence of (b)
added to specify that the objection must include a certificate of
service.
2010 Revision: Subdivision (b) amended to delete the
requirement to serve a copy of an objection to a claim within 10
days, and to clarify the requirement to include a certificate of
service.
2012 Revision: Committee notes revised.
Statutory References
§ 731.201(4), Fla. Stat. General definitions.
§ 733.705, Fla. Stat. Payment of and objection to claims.
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.498 Personal representative’s proof of claim.
Fla. Prob. R. 5.499 Form and manner of objecting to personal
representative’s proof of claim.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
(a) Filing. An objection to a claim, other than a personal
representative’s proof of claim, shall be in writing and filed on or
before the expiration of 4 months from the first publication of notice
to creditors or within 30 days from the timely filing or amendment
of the claim, whichever occurs later.
(b) Service. A personal representative or other interested
person who files an objection to the claim shall serve a copy of the
objection on the claimant. If the objection is filed by an interested
person other than the personal representative, a copy of the
objection shall also be served on the personal representative. Any
objection shall include a certificate of service.
(c) Notice to Claimant. An objection shall contain a
statement that the claimant is limited to a period of 30 days from
the date of service of an objection within which to bring an action as
provided by law.
Committee Notes
This rule represents an implementation of the procedure found
in section 733.705, Florida Statutes, and adds a requirement to
furnish notice of the time limitation in which an independent action
or declaratory action must be filed after objection to a claim.
Rule History
1992 Revision: New rule.
2003 Revision: Reference in (a) to notice of administration
changed to notice to creditors. Committee notes revised.
2005 Revision: Removed provision for objections to personal
representative’s proof of claim, now addressed in rule 5.498, and
subsequent subdivisions relettered. Reference to service on the
claimant’s attorney removed because service on the attorney is
required by rule 5.041(b). Committee notes revised.
2007 Revision: Editorial change in (a). Second sentence of (b)
added to specify that the objection must include a certificate of
service.
2010 Revision: Subdivision (b) amended to delete the
requirement to serve a copy of an objection to a claim within 10
days, and to clarify the requirement to include a certificate of
service.
2012 Revision: Committee notes revised.
Statutory References
§ 731.201(4), Fla. Stat. General definitions.
§ 733.705, Fla. Stat. Payment of and objection to claims.
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.498 Personal representative’s proof of claim.
Fla. Prob. R. 5.499 Form and manner of objecting to personal
representative’s proof of claim.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.