The Short Answer

Sometimes, yes—but it depends on whether the estate can safely make an early distribution and whether your “advance” is coming from the estate (through the personal representative) or from a third-party inheritance funding company. In Florida, early distributions can be reversed if they turn out to be improper, and third-party advances can be expensive and can complicate probate if there is a dispute about who gets what.

What Florida Law Says

In Florida probate, beneficiaries generally do not control the timing of distributions—the personal representative (executor) must administer the estate, address creditor issues, and then distribute assets in a way that protects the estate and the beneficiaries. Florida law expects the personal representative to settle and distribute the estate “as expeditiously and efficiently as is consistent with the best interests of the estate,” but that does not guarantee an immediate payout to beneficiaries.

Also, even when a distribution is made, Florida law recognizes that an improper distribution can create a “clawback” risk—meaning the fiduciary may be able to recover the asset or its value if the distribution should not have happened.

The Statute

The primary law governing this issue is Fla. Stat. § 733.811.

This statute establishes that a distributee who receives a distribution succeeds to the estate’s interest in the asset, but the fiduciary may recover the assets (or their value) if the distribution was improper.

Relatedly, Florida law also imposes fiduciary duties on the personal representative to administer and distribute the estate in the best interests of interested persons (including creditors). See Fla. Stat. § 733.602.

Why You Should Speak with an Attorney

Inheritance “advances” sound simple, but the legal and financial risk often shows up later—especially if the estate is smaller than expected, creditors appear, or beneficiaries start fighting. Legal outcomes often depend on:

• Strict Deadlines: Probate administration has creditor and administration timelines that can delay safe distributions; pushing money out too early can create repayment problems if the estate later needs funds to pay valid expenses or claims.
• Burden of Proof: If there is a dispute over who is entitled to inherit (or in what shares), the estate may need a court determination before anyone can safely rely on an “advance.” Florida provides a process to resolve uncertainty about beneficiaries and shares. See Fla. Stat. § 733.105.
• Exceptions: If a distribution is later deemed improper, Florida law allows recovery of the asset or its value. That can turn an “advance” into a personal financial problem for the beneficiary who already spent the funds. See Fla. Stat. § 733.811.

Typical costs and risks (high-level): Third-party inheritance advances are often structured so the company is repaid from your eventual distribution; the “cost” is usually a steep effective fee/discount rather than a low-interest loan. Common risks include (1) signing away more of your inheritance than you intended, (2) owing more than expected if the contract is not truly non-recourse, (3) delays or disputes in probate that increase the amount taken from your share, and (4) complications if the personal representative or court challenges the arrangement or if your share changes.

Before you sign anything, a Florida probate attorney can review the estate posture (assets, debts, disputes, timing) and the advance contract terms to help you understand what you are really giving up—and whether an early distribution from the estate is even feasible without creating clawback exposure.

If you are also dealing with an unresponsive personal representative or unclear administration, you may find helpful background here: executor responsibilities during Florida probate and whether to accept/cash a distribution before reviewing the accounting.

Get Connected with a Florida Attorney

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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.