(1) When property passes by intestate succession or the will is unclear and there is doubt about:
(a) Who is entitled to receive any part of the property, or
(b) The shares and amounts that any person is entitled to receive,
any interested person may petition the court to determine beneficiaries or their shares.
(2) Any personal representative who makes distribution or takes any other action pursuant to an order determining beneficiaries shall be fully protected.
(3) A separate civil action to determine beneficiaries may be brought when an estate has not been administered.
History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 226, ch. 77-104; s. 1, ch. 77-174; s. 983, ch. 97-102; s. 81, ch. 2001-226.
Note.—Created from former s. 734.25.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 733 - Probate Code: Administration of Estates
Part I - General Provisions (Ss. 733.101-733.109)
733.101 - Venue of probate proceedings.
733.104 - Suspension of statutes of limitation in favor of the personal representative.
733.105 - Determination of beneficiaries.
733.1051 - Limited judicial construction of will with federal tax provisions.
733.106 - Costs and attorney fees.
733.1061 - Fees and costs; will reformation and modification.
733.107 - Burden of proof in contests; presumption of undue influence.