Fixing Errors in Probate Paperwork in Florida | Florida Probate

Disclaimer: This is educational information and not legal advice. I am not a lawyer. For specific legal help, consult a Florida probate attorney.

Short answer

If a probate filing in Florida lists the wrong people (for example, the wrong siblings), the common fixes are: correct clerical mistakes by filing an amendment or motion with the probate court; give notice to interested persons; and, if assets were improperly distributed, ask the court to reopen the estate or seek recovery from the personal representative. These actions are handled under Florida’s probate laws and court rules (see Florida Statutes, Chapters 732–735 for background).

Detailed answer — how to get the paperwork corrected under Florida law

1. Figure out what kind of mistake it is

Clerical or typographical error in a pleading (a misspelled name or an extra/omitted name) — generally the easiest to fix.
Substantive error about who is an heir or beneficiary (wrong person listed as an heir) — may require proof of family relationships and court approval to change who can inherit.
Error in a final distribution or court order (assets already paid to the wrong person) — this is more serious and may require reopening the estate or other remedies.

2. Gather documents that prove the correct facts

Collect birth certificates, death certificates, marriage records, adoption records, probate filings, the will (if any), and any other documents that show who the decedent’s heirs or beneficiaries really are. The court relies on documentary proof to correct filings or decide disputes.

3. Try an informal fix first

If the mistake is limited (for example, a misspelled name on a petition), contact the clerk of the probate court or the personal representative. Clerks often accept an amended pleading or a short affidavit to correct a clear clerical error. But do not assume an informal fix is enough if other interested persons have not been notified.

4. File a formal amendment or motion with the probate court

If the error is in a filed petition, petition for administration, or another formal pleading, the typical step is to file an amended pleading (or a motion to amend/correct the record) in the same case. When you file an amendment or motion, you must follow the court’s rules about format and service. The probate statutes and court rules govern administration and filings; see the Florida probate statutes for the controlling framework: Florida Statutes, Chapter 733 (Administration of decedent’s estates) and Chapter 732 (Wills).

Useful statute references:

5. Provide proper notice to interested persons

Florida probate practice requires notice to interested persons when pleadings change the status of heirs or beneficiaries or when the court considers actions that affect distribution. If you file an amendment or a motion to correct, serve it on all interested persons as required by the court rules. Failing to provide required notice can delay or invalidate the correction.

6. If the court previously distributed assets to the wrong person

If assets have already been paid to someone listed incorrectly, options include:

Ask the court to reopen or set aside the distribution order and to order restitution to the estate.
Pursue an action against the personal representative for breach of fiduciary duty if they distributed property negligently or intentionally to the wrong person.
Seek recovery directly from the recipient (replevin or money judgment) if the recipient received assets improperly.

These remedies flow from the court’s authority under Florida’s probate laws and the personal representative’s fiduciary duties in Chapter 733.

7. Consider mediation or an agreed correction

If heirs can agree on the correct lists and distributions, they can present a joint petition or stipulation to the court to correct the record. Courts generally prefer agreed resolutions because they conserve estate resources.

8. When to get an attorney

Talk to a probate attorney if:

Assets have been wrongly distributed.
There is a dispute about who the heirs are.
You need help drafting pleadings, serving notice, or presenting proof to the court.

Common procedural steps (checklist)

Review the probate case file at the county clerk’s office.
Collect documents proving the correct relationships or identities.
Contact the clerk and the personal representative to try an informal correction if possible.
If needed, file an amended petition or motion to correct with the probate court.
Serve all interested persons as required by the rules.
If assets were distributed incorrectly, file a petition to reopen or motions seeking restitution and possible surcharge against the fiduciary.
Attend the hearing and present documentary proof and witness testimony if required.

Helpful hints

Act quickly. The longer the estate remains open or the longer assets remain with the wrong person, the harder it can be to recover them.
Keep all filings and communications with the court in writing and get proof of service when you send documents to others.
Make certified copies of vital records (birth, marriage, death) before filing them with the court; the court will want clear proof of identity and family relationships.
Use the probate file number when communicating with the clerk to make sure corrections are attached to the right case file.
If multiple heirs are involved, try to coordinate correction steps so all interested parties receive notice and have an opportunity to be heard.
When in doubt, consult a probate attorney early — correcting mistakes informally may save court time and estate assets.

For more reading on Florida probate law and procedures, see the Florida Statutes (Chapters 732–735):
Chapter 732,
Chapter 733, and
Chapter 735.