What Is a Petition to Determine Beneficiaries in Florida Probate?

The probate rules describe when the petition fits. A personal representative or other interested person who is in doubt or unable to determine with certainty the beneficiaries of an estate, the share of any beneficiary, or who is entitled to a particular asset may file it.

The petition must include the names, residences and post office addresses of everyone who may have an interest, other than creditors of the decedent, who is known to the petitioner or can be found by diligent search and inquiry. It must also state the nature of each person's interest, identify anyone believed to be a minor or incapacitated and whether that person has a guardian in Florida, and state whether there may be unknown persons with claims or interests as beneficiaries.

The order gives protection. A personal representative who makes distribution or takes other action under an order determining beneficiaries is fully protected. When an estate has not been administered, a separate civil action to determine beneficiaries may be brought.

A related rule applies when an estate may escheat to the state. In that case the personal representative must start this proceeding within 1 year after letters are issued and serve notice on the Department of Legal Affairs. The default order of inheritance is explained in the Florida intestate order of heirs.