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 must 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 must 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 must 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 is not 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, will 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 before the filing of an objection as to that item, the item will be treated as if it were listed on the proof of claim as paid.

(e) Service. The objector must 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, must also serve a copy on that claimant at the time of filing or promptly thereafter. In the case of an objection to an item listed as to be paid, the objection must 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. 2025 Revision: Subdivision (e) amended to address the timing of service of an objection to a claim. 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.