Step-by-step FAQ: How remaining estate funds are distributed to the decedent’s children in Florida

This article explains, in plain language, the common process a personal representative uses to distribute the remaining estate funds to a decedent’s children after taxes, creditor claims, and administration expenses are settled under Florida law. This is educational information only and not legal advice. For help with a specific estate, talk with a Florida probate attorney.

Short answer

After the personal representative identifies and pays taxes, valid creditor claims, and estate expenses, they normally petition the probate court for an order approving the final accounting and authorizing distribution. Once the court signs the order (or, when no court approval is required in a qualifying summary process), the representative transfers the remaining cash and property to the children according to the will or, if there is no will, under Florida intestacy rules. Relevant Florida probate rules appear in Chapter 733 (estate administration) and Chapter 732 (intestate succession). See Florida Statutes chapters 733 and 732 for details: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html and https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732ContentsIndex.html.

Detailed answer: Typical steps to distribute estate funds to children

1. Confirm authority to distribute

   The person in charge must be the court-appointed personal representative (executor) or an individual authorized by statute (for small or summary administration). The representative proves their authority by filing letters of administration or a probate order. For general rules on administration, see Florida Statutes, Chapter 733: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html.

2. Inventory assets and notify beneficiaries

   The personal representative compiles an inventory of estate assets and notifies known beneficiaries, heirs, and creditors. Beneficiaries should receive information about the estate administration so they know when distributions may occur.

3. Give notice to creditors and resolve claims

   The representative follows the statutory notice procedures so known and unknown creditors can present claims. Valid claims must be evaluated and paid from estate funds before distributions are made. See relevant provisions in Chapter 733 for the creditor-claims process: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html.

4. Pay taxes, administration expenses, and debts

   Estate expenses include funeral costs, court fees, attorney fees approved by the court, and taxes. Florida has no state estate tax, but a federal estate tax may apply to large estates; the representative must determine and pay any federal estate tax and any final income tax returns for the decedent. Keep careful records and receipts for all payments.

5. Prepare final accounting or report

   The representative prepares a final accounting or report showing receipts, disbursements, and the remaining distributable estate. The accounting may be filed with the probate court and served on interested persons. When beneficiaries agree, some matters can be resolved faster; otherwise the court reviews the accounting before approval.

6. Obtain court approval or complete summary administration

   In many administrations the personal representative petitions the court for a final discharge and for an order directing distribution of the estate. The court will review the accounting, confirm claims are satisfied, and enter an order of distribution. In smaller or qualifying cases, Florida law offers summary or simplified procedures (see Chapter 735) that can allow distributions without full administration. See Florida Statutes, Chapter 735 for summary administration options: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735ContentsIndex.html.

7. Distribute assets to the children according to the will or intestacy law

   If the decedent left a valid will, the personal representative follows the will’s directions for dividing the remaining funds among the named children. If there is no will, Florida’s intestate succession rules determine who inherits and in what shares. The intestacy rules and how they affect children are in Chapter 732: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732ContentsIndex.html.

8. Get receipts and releases

   When the representative distributes money or property, they generally obtain signed receipts or releases from each child or their legal representative. These receipts protect the personal representative from future claims that the distribution was not made.

9. File for discharge and close the estate

   After distributing the assets and filing required final documents, the personal representative asks the court to discharge them from further duties. The court issues a final order closing the estate, which ends the representative’s legal responsibility in most respects.

Special issues that commonly affect distribution to children

• Minor children

  If a child is a minor, the court or the parent/guardian may need to set up a guardianship, conservatorship, or custodial account (for example, under Florida s. 710.102 for guardianship or custodial statutes). Distributions to minors often require additional court approval or appointment of a guardian or trustee to manage the funds on the child’s behalf.

• Homestead property

  Florida protects homestead property differently from other assets. Homestead interests can limit the personal representative’s ability to transfer real property and affect how proceeds are distributed to children. Consult counsel about homestead rules and the Florida Constitution when real property is involved.

• Contested claims and disputes

  If a creditor or an interested person contests the accounting, the court may delay distribution while the dispute resolves. Mediation or settlement may shorten delays, but litigation can add significant time and costs.

• Joint accounts, payable-on-death designations, and beneficiary designations

  Assets with valid beneficiary designations or payable-on-death instructions usually pass outside probate directly to the named recipient. These transfers can affect how much remains in the probate estate for distribution to children.

Practical timeline

There is no single timeline. A straightforward administration typically takes several months. Complex estates, disputes, or federal tax issues can extend the process to a year or more. Summary administration can shorten the timetable for smaller estates.

Helpful hints

• Gather important documents early: the will, death certificate, bank statements, titles, insurance policies, tax returns.
• Keep clear, dated records of every payment and distribution. The court and beneficiaries will expect transparency.
• Communicate often with the children and other beneficiaries to reduce surprises and conflicts.
• If a child is a minor, ask about setting up a guardianship, custodial account, or trust for that child before distributing funds directly.
• Consult a tax professional for estate and income tax questions. Florida does not have a state estate tax, but federal filing rules can apply to large estates.
• If the estate looks small, ask whether summary administration under Chapter 735 is possible: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735ContentsIndex.html.
• Get signed receipts from each child on distribution to reduce the risk of later disputes.
• Consider hiring a probate attorney if you expect creditor disputes, multiple jurisdictions, contested wills, or complicated assets like business interests or real property.

Where to read the law

Key Florida statutes referenced in this article: Chapter 733 (administration of estates) and Chapter 732 (intestate succession). You can read them on the Florida Legislature website:

• Chapter 733, Administration of Estates: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
• Chapter 732, Intestate Succession: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732ContentsIndex.html
• Chapter 735, Summary Administration: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735ContentsIndex.html

Disclaimer

This article explains common procedures under Florida law for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect recent changes in the law or how courts will apply statutes to your particular facts. For advice tailored to your situation, contact a qualified Florida probate attorney.