How do dividend checks indicate that estate stock shares have not been liquidated in North Carolina probate? - Florida
The Short Answer
Dividend checks can be a strong clue that stock is still being held somewhere (by the estate, a trust, or a transfer-on-death/payable-on-death account), because dividends are typically paid only to the shareholder of record. But dividend checks alone do not conclusively prove whether the shares were liquidated, transferred “in kind” to a beneficiary, or moved into a different account.
What Florida Law Says
In a Florida probate, the personal representative is a fiduciary and must gather, manage, and ultimately distribute estate assets (which can include publicly traded stock and any income it generates, like dividends) in accordance with the will and the Florida Probate Code. Florida law also requires transparency through an estate inventory (and, in many cases, accountings), which is where stock holdings and related income should be reflected.
The Statute
The primary law governing this issue is Fla. Stat. § 733.604.
This statute requires the personal representative to file a verified inventory of estate property with reasonable detail and estimated date-of-death values, and it provides beneficiaries the right (upon written request) to receive an explanation of how inventory values were determined.
Why You Should Speak with an Attorney
Dividend checks feel like “proof,” but applying that evidence to a real probate dispute is rarely simple. Legal outcomes often depend on:
- Strict Duties and Timing: Florida requires the personal representative to administer and distribute the estate expeditiously and efficiently, consistent with the estate’s best interests. See Fla. Stat. § 733.602 and § 733.603. If dividends are still arriving long after death, it can raise questions about whether administration is being handled properly.
- Burden of Proof: You typically need account statements, 1099s, transfer confirmations, and the probate inventory/accounting to show whether shares were sold, transferred to a beneficiary, or retained pending distribution. A dividend check may show “income occurred,” but not where the underlying shares are now titled.
- Exceptions and Non-Probate Assets: Some stock passes outside probate (for example, via beneficiary designations or joint ownership). Dividends might also be paid after shares were transferred “in kind” to a beneficiary rather than liquidated. Florida law expressly authorizes a personal representative to retain assets pending distribution or liquidation. See Fla. Stat. § 733.612(1).
If you suspect estate stock was never sold (or was sold and the proceeds weren’t properly accounted for), an attorney can evaluate the probate filings, demand the right records, and raise the issue with the court in a way that protects your rights without creating avoidable procedural problems.
For more background reading, see: what must be listed in a Florida probate inventory and forcing an executor to disclose estate account information in Florida.
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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.