Fla. Prob. R. 5.402

As amended through March 26, 2024

Rule 5.402 - NOTICE OF LIEN ON PROTECTED HOMESTEAD

(a) Filing. If the personal representative has recorded a notice of lien on protected homestead, the personal representative shall file a copy of the recorded notice in the probate proceeding.

(b) Contents. The notice of lien shall contain:

(1) the name and address of the personal representative and the personal representative's attorney;

(2) the legal description of the real property;

(3) to the extent known, the name and address of each person appearing to have an interest in the property; and

(4) a statement that the personal representative has expended or is obligated to expend funds to preserve, maintain, insure, or protect the property and that the lien stands as security for recovery of those expenditures and obligations incurred, including fees and costs.

(c) Service. A copy of the recorded notice of lien shall be served on interested persons in the manner provided for service of formal notice.

FL. Prob. R. 5.402

Amended by 2021 WL 5121143, effective 11/4/2021; amended by 2021 WL 5050374, effective 10/28/2021; amended by 102 So.3d 505, effective 9/1/2012; added by 912 So.2d 1178, effective 1/1/2006.

Committee Notes

Rule History

2005 Revision: New rule.

2012 Revision: Committee notes revised.

Statutory References

§ 733.608, Fla. Stat. General power of the personal representative.

Rule Reference

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.403 Proceedings to determine amount 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 of pleadings and documents.