Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a licensed attorney.
Detailed Answer
Under Florida law, a personal representative (executor or administrator) must provide copies of the probate accounting to all interested persons. The probate accounting summarizes the estate’s assets, liabilities, income, expenses, and distributions. Florida Statute 733.5071 governs the timing and delivery of these accounts.
Who Is Entitled to the Accounting?
“Interested persons” include beneficiaries named in the will or by intestacy, heirs, and others with a property right in the estate. See Florida Statute 731.201(23) and Florida Statute 733.207. If you are named in the will or qualify as an heir, you are entitled to receive each accounting.
When Must the Accounting Be Provided?
Florida Statute 733.5071 requires:
- Initial accounting: Filed and served within 60 days after formal qualification or 60 days after service of letters on the personal representative.
- Intermediate accounting: Unless waived in writing by all interested persons, at least once a year covering each year or part of a year the administration continues.
- Final accounting: Filed and served within 60 days after termination of the administration.
The personal representative must serve each interested person and file the original with the court. If you have not received an accounting on time, you may request or compel delivery through the court.
How to Request or Enforce Delivery
If you have not received a copy:
- Submit a written request to the personal representative specifying the period or type of accounting you seek.
- If there is no response within a reasonable time, file a Petition for Accounting under Florida Statute 733.5071 with the probate court.
- The court will schedule a hearing. If the personal representative fails to comply, the court can compel production or remove the representative for cause.
Helpful Hints
- Keep copies of all communications, including written requests and court filings.
- Review each accounting carefully and note any unclear or large transactions.
- Note deadlines: you typically have 20 days to object after receiving a filed accounting (see Florida Statute 733.617).
- If expenses or fees seem excessive, request a detailed breakdown or consider filing a formal objection.
- Consult an attorney early if the personal representative delays or refuses to provide records, or if accounting discrepancies arise.