How to Get Court Approval to Release Estate Funds When Parties Disagree — Florida | Florida Probate | FastCounsel
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How to Get Court Approval to Release Estate Funds When Parties Disagree — Florida

August 13, 2025 6 min read

Release of Estate Funds When Beneficiaries Disagree — Florida

Getting Court Approval to Release Estate Funds When Parties Disagree (Florida)

Short answer: If beneficiaries or claimants dispute how estate funds should be split, the personal representative (executor) should not make final distributions without either getting a written settlement signed by all interested parties or asking the probate court to decide. In Florida you can ask the court for instructions, file an interpleader or deposit the funds with the court registry. See Florida’s probate statutes for the court’s authority to supervise administration: Florida Statutes, Chapter 733 (Administration of Estates) and Chapter 735 (Disposition Without Administration).

Disclaimer

This article is educational only and is not legal advice. Laws change and every situation is different. Consult a Florida probate attorney before making decisions about estate funds.

Detailed answer — what to do and how it works

1. Stop and document

If you are the personal representative (PR) or hold estate funds, do not distribute contested money until either the parties agree in writing or the court issues an order. Keep a clear written file showing what funds you hold, the will or beneficiary designations, communications with beneficiaries and any steps you took to resolve the dispute.

2. Try to resolve the dispute informally

Often disputes arise from misunderstandings, unclear wording in a will, or incomplete accountings. Ask the beneficiaries to provide their position in writing. Consider mediation or a settlement conference. A signed settlement agreement that releases the PR from future liability allows distribution without court intervention.

3. If informal resolution fails, the PR has safe options under Florida law

  • Petition for instructions / petition for determination: The PR can file a petition asking the probate court to interpret the will, determine beneficiaries’ rights, or tell the PR how to distribute assets. The court then issues an order the PR can follow. The Florida probate statutes govern the court’s role in administration; start with Florida Statutes, Chapter 733: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html.
  • Interpleader or deposit into the court registry: If two or more parties each claim the same funds and the PR does not want to choose between them, the PR can deposit the funds with the clerk of the court (the court registry) and ask the court to determine who is entitled to the money. That process transfers the dispute to the court and typically protects the PR from liability for the contested funds once the court accepts the deposit and issues an order.
  • Petition for approval of distribution after notice and accounting: In formal administration the PR may submit a proposed distribution and a final accounting. If beneficiaries object, the court will hold a hearing to resolve objections before approving distribution. The probate process and accounting requirements are set forth in Chapter 733 (see link above).

4. What the court will consider

The court will examine the will (if any), beneficiary-designation documents (for non-probate assets), accountings and evidence of claims or debts. The court looks for proper notice to interested persons and whether the proposed distribution follows the will or applicable intestacy rules. If there are competing claims, the court may require proof, allow discovery, and schedule hearings.

5. Practical steps a PR should take when asking the court to intervene

  1. Prepare an accurate inventory and preliminary accounting of the estate’s assets and liabilities.
  2. Gather the will, beneficiary designation forms, deeds, bank records and communications from beneficiaries.
  3. File a written petition with the probate court explaining the dispute and asking for instructions or permission to deposit funds with the court.
  4. Provide proper service/notice to all interested persons (beneficiaries, creditors, heirs). Florida probate procedures require notice to interested persons — follow local court rules and Chapter 733 procedures.
  5. Be prepared to post a bond if the court requires a bond for interim distributions or to secure estate obligations.
  6. If the court allows deposit to the registry, follow the clerk’s procedures for funds delivery and obtain a court order recognizing the deposit as a release of liability for the PR.

6. Timeline and costs

There is no fixed timeline: simple petitions can take a few weeks; contested litigation can take months to over a year. Court fees, attorney fees and costs for bond, accounting and discovery will vary by county and complexity. Courts may award attorney’s fees in some probate matters; expect legal costs if parties litigate.

When might an alternative apply?

  • Small or non-administrative estates: If the estate qualifies for disposition without administration under Florida Statutes, Chapter 735, the PR or heirs may be able to collect assets without formal probate. If beneficiaries dispute a small estate claim, however, you may still need the court to resolve competing claims. See Chapter 735: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html.
  • Non-probate assets: Assets with beneficiary designations (retirement accounts, life insurance) pass outside probate. If beneficiaries dispute those, you may need to involve the account holder or file a separate civil action if the custodian will not release funds.

Hypothetical example

Hypothetical facts: An estate holds $150,000 in cash. The will states the residuary estate is to be split “equally” between Alice and Bob, but Bob claims a lifetime trust gives him the whole residuary estate. The PR receives conflicting claims and wants to avoid liability.

What the PR can do: (1) try to get Alice and Bob to sign a written settlement; (2) if settlement fails, file a petition for instructions and ask the court to interpret the will and the trust claims; or (3) deposit the $150,000 with the court registry by motion and ask the court to decide which claimant is entitled to the funds. The PR should provide notice and the proposed accounting and ask the court to discharge the PR from liability for future distributions ordered by the court.

Helpful hints

  • Do not distribute contested funds based on informal promises. A PR who pays the wrong person can be held personally liable.
  • Keep a written record of all communications, notices, invoices and accountings.
  • Explore mediation or a settlement conference early; it can save time and money.
  • Check whether the estate qualifies for disposition without administration under Chapter 735 before starting a full probate case.
  • If you are a PR, get a written court order or a signed release from all interested persons before distributing disputed funds.
  • Contact the clerk of the probate court in the county where probate is pending for the court’s local rules and registry deposit procedures.
  • When in doubt, consult a Florida probate attorney to file the correct petition and to ensure proper notices and timelines are met.

Relevant Florida statutes and resources

If you need help finding the right petition or forms, or to understand your deadlines and notice requirements, consult a licensed Florida probate attorney or the local probate clerk’s office.

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.