The Rights of a Beneficiary in Florida Probate Administration
- January 4, 2019
- ontarget
- Guardianship
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The beneficiary of a Florida estate being administered in Florida has certain rights pursuant to the applicable Florida Laws in the Florida Probate Code and the Florida Probate Rules.
The most crucial rights of a beneficiary are:
(1) the right to be provided notice of all relevant details of the estate administration,
(2) the right to be treated fairly, and
(3) the right to have an efficient administration of the estate.
The right to be provided adequate notice and information regarding the estate administration starts at the opening of the probate estate and the proposed appointment of the estate’s Personal Representative.
When a legally valid Will exists, and the Personal Representative seeks Court approval to be appointed as the Personal Representative, the better practice is to provide advance notice to the beneficiary and any interested party of the appointment of the proposed Personal Representative. The Will can be admitted to probate without any advance notice to the beneficiaries and/or interested party, although, again, the better practice is to provide notice.
Any beneficiary and/or interested party who wants to prevent the appointment of the named Personal Representative in the Will; or the admission of the Will to probate, has the right to file a Caveat, as set forth in Florida Probate Statute Section 731.110. The filing of the Caveat requires that advance notice be given before the appointment of the Personal Representative by the Probate Court, and before the Will is admitted to probate. A probate caveat must be filed shortly after a deceased person’s death and before letters of administration are granted by the court. Therefore, if you have concerns about the Will, or proposed Personal Representative, it is very important that you seek the legal advice of an experienced and knowledgeable Florida Probate and Estate Attorney as soon as possible after the death of the person, to ensure that you timely start proceedings pursuant to applicable Florida Probate Law.
Once the Personal Representative is appointed by the Probate Court, the Personal Representative is required to serve on all beneficiaries and interested persons a Notice of Administration pursuant to Florida Probate Statute Section 733.212. The Notice of Administration sets forth various rights that the recipient has to challenge the validity of the Will and the appointment and qualifications of the Personal Representative. Each recipient has ninety (90) days from the receipt of the Notice of Administration to make these challenges, or they are considered waived. The beneficiaries and/or interested persons should seek the advice of an experienced and knowledgeable Florida Probate and Estate Attorney if there are concerns regarding the Personal Representative, the Probate Administration of the estate, or the validity of the Will.
Pursuant to Florida Probate Statute Section 733.604, each beneficiary of the estate has the right to receive a copy of the estate’s accounting or inventory. The inventory must contain an accurate detailing of the assets of the estate. The inventory is required to set forth the value of each asset of the estate as of the date of the decedent’s death.
The Personal Representative is required to provide a final accounting of all transactions that occurred during the probate estate administration. A beneficiary may petition the Probate Court to request the Personal Representative file an interim accounting. It is within the court’s discretion whether it orders an interim accounting. A beneficiary would need to present a valid reason for the need for an interim accounting. The beneficiary also can consent to and waive a hearing on the inventory and/or the accounting.
Beneficiaries have a number of ways to protect the estate, if they suspect the Personal Representative has violated the fiduciary duty owed to the beneficiaries, and has violated any of the rights of the beneficiaries.
For example, if the Personal Representative is taking an unreasonable amount of time to complete the administration of the estate, the beneficiaries can seek relief from the Court. Any beneficiary would be well served in protecting their interests by hiring a knowledgeable and experienced Florida Probate and Estate Attorney. The beneficiary can petition the Court to order the Personal Representative to make interim distributions, file an interim accounting, or event set a deadline for completing the administration of the estate. Each case is different. There may even be circumstances that are out of the control of the Personal Representative that can delay the process. However, the Personal Representative should advise the beneficiaries of such situations through the attorney of the Personal Representative of the estate.
There are various other rights afforded to the beneficiary of a Florida Probate Estate. To learn more about your rights as a beneficiary, or your fiduciary duty as a Personal Representative, you should seek the assistance of an experienced and knowledgeable Florida Estate Attorney to assist you. To discuss this matter, or other Guardianship, and Estate Administration matters please contact Ann Marie Giordano Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7622, and visit my website at www.AnnMarieGildenLaw.com.
This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.