FL · rules
Fla. Prob. R. 5.406
Proceedings to Determine Exempt Property
(a) Petition. An interested person may file a petition to
determine exempt property within the time allowed by law.
(b) Contents. The petition shall be verified by the petitioner
and shall:
(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 shall 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.
History
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 Fla. R. Gen. Prac. & Jud. Admin. 2.425 and provide the year of birth of a minor. 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 of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
ac15ed3ba5340aee9c17dd6bde7f78eb097e297e7781469f717a242a0a6269d4
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.