Fla. Prob. R. 5.406 · Part II. — PROBATE
PROCEEDINGS TO DETERMINE EXEMPT PROPERTY
Text — October 1, 2026 edition
(a) Petition. An interested person may file a petition to determine exempt property within the time allowed by law.
(b) Contents. The petition must be verified by the petitioner and must:
(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 must 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.
Notes and commentary — not rule text
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 Florida Rule of General Practice and Judicial Administration 2.425 and provide the year of birth of a minor. Committee notes revised.
2026 Revision: 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. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.
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 192–194)
- Text hash
- sha256 1c827a4577a07e9264d6739e4d6e32ffc6df824628abab574cb847fe0ff7375c
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- 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.