Florida Probate Rule 5.401
RULE 5.401. OBJECTIONS TO PETITION FOR DISCHARGE OR
FINAL ACCOUNTING
(a) Objections. An interested person may object to the
petition for discharge or final accounting within 30 days after the
service of the later of the petition or final accounting on that
interested person.
(b) Contents. Written objections to the petition for discharge
or final accounting must state with particularity the items to which
the objections are directed and must state the grounds on which
the objections are based.
(c) Service. Copies of the objections shall be served by the
objector on the personal representative and interested persons not
later than 30 days after the last date on which the petition for
discharge or final accounting was served on the objector.
(d) Hearing on Objections. Any interested person may set a
hearing on the objections. Notice of the hearing shall be given to all
interested persons. If a notice of hearing on the objections is not
served within 90 days of filing of the objections, the objections shall
be deemed abandoned and the personal representative may make
distribution as set forth in the plan of distribution.
(e) Order on Objections. The court shall sustain or overrule
any objections to the petition for discharge and final accounting
and shall determine a plan of distribution.
(f) Discharge. On receipt of evidence that the estate has
been distributed according to the plan determined by the court and
the claims of creditors have been paid or otherwise disposed of, the
court shall enter an order discharging the personal representative
and releasing the surety on any bond.
Committee Notes
Rule History
1984 Revision: New rule. Objections to the petition for
discharge or final accounting were formerly under prior rule 5.400.
Clarifies procedure for objections.
1988 Revision: Editorial changes in (a). Committee notes
revised. Citation form changes in committee notes.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
1996 Revision: Subdivision (d) amended to clarify that 90-day
period pertains to service of hearing notice, not the actual hearing
date.
2003 Revision: Committee notes revised.
2007 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
Statutory References
§ 731.201(12), (23), Fla. Stat. General definitions.
§ 733.6175, Fla. Stat. Proceedings for review of employment of
agents and compensation of personal representatives and
employees of estate.
§ 733.901, Fla. Stat. Final discharge.
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. 5.180 Waiver and consent.
Fla. Prob. R. 5.400 Distribution and discharge.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
FINAL ACCOUNTING
(a) Objections. An interested person may object to the
petition for discharge or final accounting within 30 days after the
service of the later of the petition or final accounting on that
interested person.
(b) Contents. Written objections to the petition for discharge
or final accounting must state with particularity the items to which
the objections are directed and must state the grounds on which
the objections are based.
(c) Service. Copies of the objections shall be served by the
objector on the personal representative and interested persons not
later than 30 days after the last date on which the petition for
discharge or final accounting was served on the objector.
(d) Hearing on Objections. Any interested person may set a
hearing on the objections. Notice of the hearing shall be given to all
interested persons. If a notice of hearing on the objections is not
served within 90 days of filing of the objections, the objections shall
be deemed abandoned and the personal representative may make
distribution as set forth in the plan of distribution.
(e) Order on Objections. The court shall sustain or overrule
any objections to the petition for discharge and final accounting
and shall determine a plan of distribution.
(f) Discharge. On receipt of evidence that the estate has
been distributed according to the plan determined by the court and
the claims of creditors have been paid or otherwise disposed of, the
court shall enter an order discharging the personal representative
and releasing the surety on any bond.
Committee Notes
Rule History
1984 Revision: New rule. Objections to the petition for
discharge or final accounting were formerly under prior rule 5.400.
Clarifies procedure for objections.
1988 Revision: Editorial changes in (a). Committee notes
revised. Citation form changes in committee notes.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
1996 Revision: Subdivision (d) amended to clarify that 90-day
period pertains to service of hearing notice, not the actual hearing
date.
2003 Revision: Committee notes revised.
2007 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
Statutory References
§ 731.201(12), (23), Fla. Stat. General definitions.
§ 733.6175, Fla. Stat. Proceedings for review of employment of
agents and compensation of personal representatives and
employees of estate.
§ 733.901, Fla. Stat. Final discharge.
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. 5.180 Waiver and consent.
Fla. Prob. R. 5.400 Distribution and discharge.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.