Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Florida law, a personal representative (also known as an estate administrator) must collect assets, pay debts and expenses, and distribute the remaining estate property to beneficiaries. If a beneficiary’s inheritance is delayed or withheld, Florida law provides tools to compel distribution.
- Review the probate status: Confirm that probate is open and that you are listed as a beneficiary in the will or under intestacy rules (Fla. Stat. Ch. 732–734). You can check the court file at the circuit court clerk’s office.
- Demand an accounting: Under Fla. Stat. § 733.6071, you may request a written statement of all transactions and distributions. The personal representative must respond within 60 days of receipt. Fla. Stat. § 733.6071
- File a petition to compel distribution: If the personal representative ignores your demand or refuses to distribute your share, you can file a petition in the probate court requesting an order compelling distribution under Fla. Stat. § 733.617. The court may schedule a hearing and issue an order directing the representative to pay your share. Fla. Stat. § 733.617
- Seek removal of the personal representative: If the administrator is neglecting duties or acting in bad faith, you can petition to remove them under Fla. Stat. § 733.504. Removal can force the appointment of a new representative who must distribute assets promptly. Fla. Stat. § 733.504
- Request attorney’s fees and costs: If you successfully compel distribution or remove the representative, Florida law may allow you to recover reasonable attorney’s fees and costs from the estate under Fla. Stat. § 733.106(3)(d).
By following these steps, a beneficiary can prompt the court to enforce the personal representative’s duty to distribute the inheritance without undue delay.
Helpful Hints
- Keep detailed records of all communications and filings.
- Serve notices and petitions according to Florida probate rules (Fla. R. Prob. P.).
- Consult local court clerk’s office for filing fees and requirements.
- Consider mediation if disagreements arise over estate accounting.
- Act promptly—Florida law imposes time limits on probate actions.