Do Dividend Checks Prove Estate Stock Was Not Liquidated in Florida Probate? | Florida Probate | FastCounsel
FL Florida

Do Dividend Checks Prove Estate Stock Was Not Liquidated in Florida Probate?

How do dividend checks indicate that estate stock shares have not been liquidated in North Carolina probate? - Florida

The Short Answer

Dividend checks can be a strong clue that stock is still being held somewhere (by the estate, a trust, or a transfer-on-death/payable-on-death account), because dividends are typically paid only to the shareholder of record. But dividend checks alone do not conclusively prove whether the shares were liquidated, transferred “in kind” to a beneficiary, or moved into a different account.

Why You Should Speak with an Attorney

Dividend checks feel like “proof,” but applying that evidence to a real probate dispute is rarely simple. Legal outcomes often depend on:

  • Strict Duties and Timing: Florida requires the personal representative to administer and distribute the estate expeditiously and efficiently, consistent with the estate’s best interests. See Fla. Stat. § 733.602 and § 733.603. If dividends are still arriving long after death, it can raise questions about whether administration is being handled properly.
  • Burden of Proof: You typically need account statements, 1099s, transfer confirmations, and the probate inventory/accounting to show whether shares were sold, transferred to a beneficiary, or retained pending distribution. A dividend check may show “income occurred,” but not where the underlying shares are now titled.
  • Exceptions and Non-Probate Assets: Some stock passes outside probate (for example, via beneficiary designations or joint ownership). Dividends might also be paid after shares were transferred “in kind” to a beneficiary rather than liquidated. Florida law expressly authorizes a personal representative to retain assets pending distribution or liquidation. See Fla. Stat. § 733.612(1).

If you suspect estate stock was never sold (or was sold and the proceeds weren’t properly accounted for), an attorney can evaluate the probate filings, demand the right records, and raise the issue with the court in a way that protects your rights without creating avoidable procedural problems.

For more background reading, see: what must be listed in a Florida probate inventory and forcing an executor to disclose estate account information in Florida.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.