RULE 5.499. FORM AND MANNER OF OBJECTING TO
PERSONAL REPRESENTATIVE’S PROOF OF
CLAIM

(a) Filing. An objection to 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 of the proof of claim, whichever occurs
later.

(b) Contents. The objection shall identify the particular item
or items to which objection is made. An objection to an item listed
on the proof of claim as to be paid shall also 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 independent action
as provided by law.

(c) Items Listed as Paid. If an objection is filed to an item
listed on the proof of claim as paid, it shall not be necessary for the
claimant to file an independent action as to that item. Liability as
between estate and the personal representative individually for
claims listed on the proof of claim as paid, or for claims treated as if
they were listed on the proof of claim as paid, shall be determined
in the estate administration, in a proceeding for accounting or
surcharge, or in another appropriate proceeding, whether or not an
objection has been filed.

(d) Items Paid Before Objection. If an item listed as to be
paid is paid by the personal representative prior to the filing of an
objection as to that item, the item shall be treated as if it were listed
on the proof of claim as paid.
(e) Service. The objector shall serve a copy of the objection
on the personal representative and, in the case of any objection to
an item listed as to be paid, shall also serve a copy on that claimant
within 10 days after the filing of the objection. In the case of an
objection to an item listed as to be paid, the objection shall include
a certificate of service.

Committee Notes

This rule represents an implementation of the procedure found
in section 733.705, Florida Statutes, with respect to a proof of claim
filed by the personal representative. The rule recognizes the
different treatment between items listed on a proof of claim as
having been paid versus items listed as to be paid. An objection to
an item listed as to be paid is treated in the same manner as a
creditor’s claim and there is 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

2005 Revision: New rule.

2007 Revision: Editorial change in (a). Extensive revisions to
rest of rule to clarify the differences in procedure between items
listed as paid and items listed as to be paid. Committee notes
revised.

2012 Revision: Committee notes revised.

Statutory Reference

§ 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. 5.496 Form and manner of objecting to claim.
Fla. Prob. R. 5.498 Personal representative’s proof of claim.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.