The Short Answer

In Florida, you can still probate the will even if the primary beneficiary died before the decedent—but the court must determine who legally takes that beneficiary’s share (for example, alternate beneficiaries named in the will, or other heirs depending on the will’s language and Florida law). When there’s uncertainty about who inherits or in what amounts, Florida law allows an interested person to ask the probate court to enter an order determining the beneficiaries and their shares.

What Florida Law Says

Probate is the court process that makes a will legally effective for transferring title and authorizing distributions. If a key beneficiary has already passed away, the personal representative (or another interested person) may need the court to clarify who is entitled to receive that portion of the estate and in what percentage or amount—especially if the will is unclear, if there are competing family claims, or if the distribution could shift to intestate succession for that share.

The Statute

The primary law governing this issue is Fla. Stat. § 733.105.

This statute establishes that when property passes by intestate succession or a will is unclear and there is doubt about who is entitled to receive estate property (or the shares/amounts), any interested person may petition the court to determine the beneficiaries or their shares.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Beneficiary determinations and related disputes can become time-sensitive once administration is underway, and delays can affect distributions and increase costs—especially if a dispute becomes adversarial.
• Burden of Proof: The court may require reliable evidence about deaths, family relationships, and entitlement (for example, whether the deceased beneficiary left descendants, and whether the will’s wording changes who takes).
• Exceptions: If the will’s language is ambiguous, if there are alternate beneficiaries, or if multiple people claim the same share, the matter may require a court order determining beneficiaries under Fla. Stat. § 733.105 before the personal representative can safely distribute assets.

Trying to handle this alone can lead to misdistribution, personal representative liability, or litigation that could have been avoided with properly framed court relief.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.