Challenging a Final Probate Accounting in Florida When You Were Not Notified

Short summary: If you did not receive notice that a final accounting was filed in a Florida probate case, you still have options to learn what happened and, in many cases, to challenge the accounting or reopen the estate process. The precise steps and deadlines depend on (1) whether you are an “interested person,” (2) whether the court gave proper notice under Florida law, and (3) whether the court has already entered a final order approving the accounting and discharging the personal representative. Act quickly and get a probate lawyer if possible.

Who is an interested person?

Under Florida probate law, an “interested person” generally includes beneficiaries named in a will, heirs under intestacy rules, creditors with allowed claims, and anyone who has a financial interest in estate property. If you stand to inherit or you are listed in the will or intestacy, you are likely an interested person with legal rights in the administration.

Notice required in Florida probate

Florida requires that certain notices be provided to interested persons during probate administration. A central provision is the Notice of Administration requirement under Florida’s probate statutes. If the clerk or personal representative failed to give required notice, the court may not have had jurisdiction to enter a final, binding order against an interested person who never received notice. See Florida Statutes, Chapter 733 (Administration of Estates) and the Notice of Administration provisions: Fla. Stat. § 733.2121 (see chapter index at Chapter 733).

Common steps to challenge a final accounting when you were not notified

1. Confirm the case and your status: Contact the probate clerk for the county where your parent’s estate is filed. Ask for the case number, the personal representative’s name, all filings (petition for administration, notices, final account, orders), and the docket sheet. Anyone can request copies from the clerk; there are small copy fees.
2. Obtain the Notice of Administration and service records: Review the file to see whether a Notice of Administration or other notice of the accounting was served and how service was made (mail, personal service, publication). If there is no proof of delivery to you, that supports a lack-of-notice claim.
3. Determine what the court has already done: Has the court approved the final accounting? Has the personal representative been discharged and the estate closed? The relief available depends on whether the court entered final orders.
4. File a written objection or petition to reopen: If the final accounting is pending approval and you discover it before the court approves it, you can file a written objection and ask for a hearing. If the court already approved the accounting and discharged the personal representative, you can ask the court to set aside the approval or reopen the estate for lack of notice or for other grounds (fraud, mistake, excusable neglect). Courts have authority to correct errors or set aside orders where a party lacked notice and due process.
5. Ask for relief and specific remedies: Common requests include (a) vacating the order approving the account, (b) reopening the estate administration, (c) ordering an accounting and further notice, (d) surcharging the personal representative for breaches of fiduciary duty, and (e) awarding attorney’s fees if mismanagement or breach occurred.
6. Preserve evidence and keep records: Save any communications, bank statements, appraisals, or other records that show assets moved, distributions made, or failures to provide notice. The court will want documented proof of prejudice if notice was missing.
7. Act promptly: Even though statutes and rules vary, courts are less likely to reopen an estate after long delays. If you learn of the accounting or closing, contact the clerk and a probate attorney immediately.

Legal grounds courts commonly consider to reopen or set aside approvals

• Lack of jurisdiction over an interested person when no notice was given.
• Fraud, misrepresentation, or concealment by the personal representative or other parties.
• Material mistake, excusable neglect, or newly discovered evidence that could not reasonably have been found earlier.
• Breaches of fiduciary duty by the personal representative (self-dealing, failure to account).

What outcomes are possible?

The court can: (a) set aside approval of the accounting; (b) order a new, full accounting; (c) reopen the estate administration and require new notice; (d) find the personal representative liable for any losses; or (e) deny reopening if delay or prejudice to others is shown. The exact remedy depends on the facts and the judge’s discretion.

When to get a lawyer

Probate rules and deadlines can be technical. If the estate has significant assets, if you suspect mismanagement, or if the clerk’s file shows no notice to you, consult a Florida probate attorney promptly. An attorney can prepare the proper petition or objection and represent you at hearings.

Key Florida statutory reference

Review the probate statutes, especially the Notice of Administration rules in Chapter 733. The central statutory location is Chapter 733 (Administration of Estates): Fla. Stat. Ch. 733. See specifically the notice provisions at: Fla. Stat. § 733.2121.

Note: Courts rely on both the statutes and case law when deciding whether to reopen or vacate probate orders. An attorney can locate any controlling decisions specific to your county.

Helpful Hints

• Contact the probate clerk right away. Ask for the full file, docket sheet, and proof of service documents.
• Confirm whether you are listed in the will or as an heir. That determines your standing to object.
• Look for a filed Notice of Administration. If none exists or it wasn’t mailed to you, raise that in court.
• Don’t ignore mailed orders just because you weren’t given notice. Once you learn of a closing, act quickly to protect your rights.
• Keep copies of all communications and any documents showing decisions or transfers made by the personal representative.
• If assets were distributed to third parties in bad faith or without proper notice, ask the court to trace funds and consider surcharge claims against the personal representative.
• If the file shows notice by publication only, check whether that method was proper and whether you were an interested person who should have received direct notice.
• Even if a final order is on the docket, courts sometimes reopen estates for lack of notice or fraud. Don’t assume there’s no remedy without consulting counsel.

Final points and next steps

Begin by getting the probate case number and court file from the clerk. Review service and notice documents carefully. If you find no proof of notice, ask the court to set aside or reopen the accounting and schedule a hearing to present your objection. Because outcomes hinge on facts and timelines, speak with an experienced Florida probate attorney to evaluate your best path forward.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about a specific situation and deadlines, consult a licensed Florida probate attorney.