The Short Answer

In Florida probate, specific gifts in a will (like “my car to Alex” or “my jewelry to Sam”) are typically handled by the personal representative, who must gather, protect, and then distribute estate property according to the will—but not necessarily immediately. Florida law also gives the personal representative time to determine whether those items are needed to pay debts, expenses, or other required claims before delivering them.

What Florida Law Says

Florida probate generally works like this: the personal representative takes control of estate assets, safeguards them, and then distributes them to the beneficiaries named in the will when it is appropriate to do so. Even when a will clearly lists specific gifts (vehicles, furniture, collectibles, personal effects), those items may need to be held temporarily while the estate’s debts, expenses, and creditor issues are addressed.

The Statute

The primary law governing this issue is Fla. Stat. § 733.801.

This statute establishes that a personal representative generally cannot be required to deliver devises (including specific gifts) until 5 months after letters are granted, and it also addresses that reasonable costs to store, insure, pack, and deliver tangible personal property are typically treated as an expense of administration.

Related statutes often come into play as well, including the personal representative’s duty to settle and distribute the estate according to the will and the Probate Code (Fla. Stat. § 733.602) and the rules about when a beneficiary can try to compel delivery of specific property before final distribution (Fla. Stat. § 733.802).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida creditor time limits can affect when property can safely be distributed. For example, many claims must be filed within the later of 3 months after first publication of notice to creditors (or 30 days after service on certain creditors) under Fla. Stat. § 733.702, and there is also a hard 2-year limitation on many claims under Fla. Stat. § 733.710.
• Burden of Proof: If a beneficiary wants a vehicle or other item delivered early, they may need to show the asset won’t be required for debts, taxes, expenses of administration, or other statutory priorities (see Fla. Stat. § 733.802).
• Exceptions: Questions like whether an item is truly an estate asset (for example, a jointly titled vehicle or property with a beneficiary designation), whether the will language is ambiguous, or whether there are disputes among beneficiaries can change the analysis quickly.

Trying to handle specific gift transfers without legal guidance can lead to improper distributions, beneficiary disputes, or personal representative liability—especially when vehicles and titled property are involved.

If your question is really about vehicle transfers, you may also find this helpful: Is a Vehicle Transferred Before Death Still Part of the Probate Estate in Florida?

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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.