Rule 5.404 - NOTICE OF TAKING POSSESSION OF PROTECTED HOMESTEAD(a) Filing of Notice. If a personal representative takes possession of what appears reasonably to be protected homestead pending a determination of its homestead status, the personal representative shall file a notice of that act.(b) Contents of Notice. The notice shall contain:(1) a legal description of the property;(2) a statement of the limited purpose for preserving, insuring, and protecting it for the heirs or devisees pending a determination of the homestead status;(3) the name and address of the personal representative and the personal representative's attorney;(4) if the personal representative is in possession when the notice is filed, the date the personal representative took possession.(c) Service of Notice. The notice shall be served in the manner provided for service of formal notice on interested persons and on any person in actual possession of the property.Amended by 2021 WL 5121143, effective 11/4/2021; amended by 123 So.3d 31, effective 1/1/2014; amended by 912 So.2d 1178, effective 1/1/2006; added by 824 So.2d 849, effective 5/2/2002.Committee Notes
Rule History
2002 Revision: New rule.
2005 Revision: Term "devisees" substituted for "beneficiaries" in subdivision (b)(2) to clarify the status of persons interested in protected homestead. Committee notes revised.
2013 Revision: Deletes subdivision (b)(4) because the required information is not appropriate for a Notice of Taking possession, nor does it comply with the Americans with Disabilities Act requirements.
Statutory References
§ 732.401, Fla. Stat. Descent of homestead.
§ 732.4015, Fla. Stat. Devise of homestead.
§ 733.608(2), Fla. Stat. General power of the personal representative.
Rule Reference
Fla. Prob. R. 5.402 Notice of lien on protected homestead.
Fla. Prob. R. 5.403 Proceedings to determine amount of lien on protected homestead.
Fla. Prob. R. 5.405 Proceedings to determine protected homestead status of real property.