Fla. Prob. R. 5.498

As amended through March 26, 2024
(a) Contents. A personal representative's proof of claim shall state:
(1) the basis for each claim;
(2) the amount claimed;
(3) the name and address of the claimant;
(4) the security for the claim, if any;
(5) whether the claim is matured, unmatured, contingent, or unliquidated;
(6) whether the claim has been paid or is to be paid; and
(7) that any objection to a claim listed as to be paid shall be filed no later than 4 months from first publication of the notice to creditors or 30 days from the date of the filing of the proof of claim, whichever occurs later.
(b) Service. The proof of claim shall be served at the time of filing or promptly thereafter on all interested persons.

FL. Prob. R. 5.498

Amended by 2021 WL 5050374, effective 10/28/2021; amended by 102 So.3d 505, effective 9/1/2012; amended by 959 So.2d 1170, effective 1/1/2008; added by 912 So.2d 1178, effective 1/1/2006.

Committee Notes

This rule represents an implementation of the procedure found in section 733.703(2), Florida Statutes, with respect to a proof of claim filed by the personal representative.

Rule History

2005 Revision: New rule.

2007 Revision: Subdivision (b) amended to eliminate the need to serve claimants listed as paid on the proof of claim, and clarifying editorial change.

2012 Revision: Committee notes revised.

Statutory References

§ 733.703(2), Fla. Stat. Form and manner of presenting claim.

§ 733.705, Fla. Stat. Payment of and objection to claims.

Rule Reference

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

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.