Florida: How to Ask the Probate Court for an Accounting of Estate Assets | Florida Probate | FastCounsel
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Florida: How to Ask the Probate Court for an Accounting of Estate Assets

FAQ: Your Right to an Accounting in Florida Probate

Detailed Answer

Yes. In Florida probate, an interested person may ask the probate court to require the personal representative (also called the executor or administrator) to provide an accounting of estate assets, receipts, disbursements, and transactions. Florida law sets out the duties of a personal representative to collect and protect estate assets, pay valid claims, and account to interested persons. The probate court has the authority to review those actions and to order an accounting when an interested person asks the court to do so.

Florida’s probate statutes governing administration, fiduciary duties, inventories, and accounts are found in Chapter 733 of the Florida Statutes. For an overview, see the state statutes here: Chapter 733, Florida Statutes.

Who can ask for an accounting?

“Interested persons” generally include beneficiaries, devisees, heirs, creditors (in some contexts), and the personal representative. If you are named in the will, entitled by intestacy, or otherwise have a legal interest in the estate, you typically may request an accounting.

When can you ask?

You can ask the court for an accounting during administration when you have concerns such as unexplained delays, missing assets, unauthorized distributions, sales of property without approval, or apparent conflicts of interest by the personal representative. You can also seek a final accounting before distribution of estate assets.

How to request an accounting

  1. First, review the probate court file (many filings are public). The court file may already contain inventories, reports, or accountings filed by the personal representative.
  2. Request an informal accounting in writing from the personal representative. A written demand often prompts disclosure without court intervention.
  3. If the representative refuses or the information is incomplete, file a petition or motion in the probate court asking the judge to order a formal accounting. The probate court can require interim or final accountings and can set rules for the accounting’s format and content.
  4. The petition should identify you as an interested person, describe the relief requested (e.g., compel an accounting, require production of records), and explain why an accounting is necessary.

What an accounting typically includes

  • Inventory of estate assets at the time of appointment
  • Receipts and income collected during administration (rents, dividends, sale proceeds)
  • Payments and disbursements (claims, funeral expenses, taxes, fees)
  • Transactions involving estate property (sales, transfers, investments)
  • Current asset balances and proposed distributions

Possible court remedies if problems are found

  • Order a supplemental or corrected accounting
  • Surcharge (financial liability) against the personal representative for losses caused by mismanagement
  • Removal of the personal representative if there is misconduct or incapacity
  • Reimbursement of estate funds and restitution
  • Attorney’s fees and costs where statutes or the court deem it appropriate

The court’s specific powers and procedures are governed by Florida probate statutes and the local probate court rules. For practical court information, see the Florida Courts’ probate resources: Florida Courts — Probate.

Helpful Hints

  • Start by obtaining the probate case file from the clerk’s office or online. Many filings (petitions, inventories, accountings) will be in that file.
  • Ask for a written accounting first. A short written demand can sometimes resolve questions without court involvement.
  • Keep a clear record of communications and copies of documents you receive.
  • If you suspect assets were wasted or stolen, seek immediate court action to prevent further dissipation (for example, by asking the court to freeze distributions or require a bond).
  • Time matters: there are procedural deadlines in probate. Act promptly if you have concerns about administration.
  • Consider consulting an attorney experienced in Florida probate to evaluate the strength of your request, prepare a petition, and represent you in court.
  • If you cannot afford an attorney, check whether the clerk’s office or local legal aid organizations offer guidance or forms for interested persons.

Disclaimer

This information is educational and does not constitute legal advice. It summarizes general principles of Florida probate law and is not a substitute for advice about your specific situation. For legal advice tailored to your facts, consult a licensed Florida attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.