Rule 5.405 Proceedings to Determine Protected Homestead Status of Real Property
Part II: Probate
Rule Text
(a) Petition. An interested person may file a petition to determine the protected homestead status of real property owned by the decedent or owned by the trustee of a trust described in section 733.707(3), Florida Statutes, of which the deceased settlor was treated as the owner of the real property under section 732.4015, Florida Statutes.
(b) Contents. The petition must be verified by the petitioner and must state:
(1) the petitioner’s interest in the determination of protected homestead status for the real property;
death;
(2) the date of the decedent’s death;
(3) the county of the decedent’s domicile at the time of
(4) whether the decedent died testate or intestate;
(5) whether the decedent was survived by a spouse, and if so, the name of the decedent’s surviving spouse, whether the surviving spouse waived the surviving spouse’s homestead rights, and if so, the method through which the surviving spouse waived those rights;
(6) the names of surviving descendants, and a statement as to whether the decedent had any minor children as of the date of death, identifying any minor children by name and year of birth;
(7) a legal description of the property owned by the decedent on which protected homestead is claimed;
(8) whether the property was the domicile of the decedent, or if not, whether the property was located within a municipality and was the domicile of a member of the decedent’s family;
(9) how the real property was titled at the time of the decedent’s death; and
(10) any other facts in support of the petition.
(c) Service of Notice. The petition must be served on interested persons by formal notice.
(d) Order. The court’s order on the petition must describe the real property and determine whether any of the real property constituted protected homestead. If the court determines that any of the real property was protected homestead, the order must identify by name the person or persons entitled to the protected homestead real property and define the interest of each.