What documents must be given to beneficiaries of will in Florida?

Asked over 3 years ago - Palm Bay, FL

Copy of will? Accounting of monies and assets? Distibution of assets?

Attorney answers (3)

  1. Thomas Michael Bates

    Contributor Level 13

    Answered . Under Florida law the beneficiaries and other "interested persons" are entitled to see a copy of the will. Also, the beneficiaries are entitled to see the initial Inventory prepared by the personal representative (i.e., the executor). Finally, the beneficiaries are entitled to a final accounting if they have any objections to the personal representative's plan of distribution of the assets of the estate.

    LEGAL ADVERTISEMENT – I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended. However, if you have additional questions concerning this matter you may call me at (561) 802-4124; e-mail me at tmblaw@msn.com or write to me at Thomas M. Bates, P.A., 1655 Palm Beach Lakes Boulevard, Suite 402, West Palm Beach, FL 33401.

  2. Blaise E. Picchi

    Contributor Level 15

    Answered . The answer depends on whether or not the will was probated. Not all wills or estates are, you know. You only have to probate estates that have real estate in them. You can summarily probate estates which are worth less than $75,000 and have no real estate.

    But, if the estate is being formally probated and you are a named beneficiary in a will, then the estate cannot be closed or completed without your signature on acceptances or waivers of notice, inventories, and accountings. Otherwise the personal representative has to send you a notice of hearing and appear before the probate judge if you disagree. You have all the rights and powers of a litigant if you do not agree with what the personal representative (executor) is doing or has done.

    As far as copies of documents. If you haven't been sent copies by the attorney for the PR then go to the probate clerk's office and ask to see the file. You can make copies of the documents, including the will. (A dollar a page, of course).

    If the estate has not been offerred for probate and you think it should, then you, as a beneificiary, can offer it for probate yourself. You can begin the court action as an "interested party". You don't need the will. Just the death certificate (which you can get from the health dept.), a petition for administration and the filing fee. You will need a probate attorney, however.

    The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. More than one attorney may respond to your question over the next 5 days so it may be beneficial for you to keep checking for answers.

  3. David Michael Goldman

    Pro

    Contributor Level 15

    Answered . Regardless of whether the will was probated, it is required to be deposited with the court within 10 days of death by the custodian of the will. You as a qualified beneficiary are also entitled to see a copy of it even if there are no assets that are subject to the will.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,470 answers this week

2,728 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,470 answers this week

2,728 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary