Fla. Prob. R. 5.403 · Part II. — PROBATE
PROCEEDINGS TO DETERMINE AMOUNT OF LIEN ON PROTECTED HOMESTEAD
Text — October 1, 2026 edition
(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 must be verified by the petitioner and must 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 must be served on interested persons by formal notice.
Notes and commentary — not rule text
Committee Notes
Rule History
2005 Revision: New rule.
2012 Revision: Committee notes revised.
2026 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.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf (PDF pages 185–186)
- Text hash
- sha256 2f7f8995fa1c6efa64b70d5c3a34a20e204ccabb8df7fdc745869d80ec05387d
- Composed by
- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.