FL · rules
Fla. Prob. R. 5.496
Form and Manner of Objecting to Claim
(a) Filing. An objection to a claim, other than a personal
representative’s proof of claim, shall be in writing and filed on or
before the expiration of 4 months from the first publication of notice
to creditors or within 30 days from the timely filing or amendment
of the claim, whichever occurs later.
(b) Service. A personal representative or other interested
person who files an objection to the claim shall serve a copy of the
objection on the claimant. If the objection is filed by an interested
person other than the personal representative, a copy of the
objection shall also be served on the personal representative. Any
objection shall include a certificate of service.
(c) Notice to Claimant. An objection shall contain a
statement that the claimant is limited to a period of 30 days from
the date of service of an objection within which to bring an action as
provided by law.
History
Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to furnish notice of the time limitation in which an independent action or declaratory action must be filed after objection to a claim. Rule History 1992 Revision: New rule. 2003 Revision: Reference in (a) to notice of administration changed to notice to creditors. Committee notes revised. 2005 Revision: Removed provision for objections to personal representative’s proof of claim, now addressed in rule 5.498, and subsequent subdivisions relettered. Reference to service on the claimant’s attorney removed because service on the attorney is required by rule 5.041(b). Committee notes revised. 2007 Revision: Editorial change in (a). Second sentence of (b) added to specify that the objection must include a certificate of service. 2010 Revision: Subdivision (b) amended to delete the requirement to serve a copy of an objection to a claim within 10 days, and to clarify the requirement to include a certificate of service. 2012 Revision: Committee notes revised. Statutory References § 731.201(4), Fla. Stat. General definitions. § 733.705, Fla. Stat. Payment of and objection to claims. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.498 Personal representative’s proof of claim. 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.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
e3b15dea165f7b9266dccd290b65c8cb97215976380688d33d57efb71bccd39b
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