How to Recover a Cash Bequest From a Sibling’s Estate in Florida | Florida Probate | FastCounsel
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How to Recover a Cash Bequest From a Sibling’s Estate in Florida

Recovering a Cash Bequest from an Estate in Florida: FAQ

Short answer: If the personal representative (executor) is not cooperating, you can demand an accounting, check whether the estate qualifies for a faster procedure (summary administration), and—if needed—ask the probate court to compel distribution, remove or surcharge the personal representative, or hold the representative in contempt. You will usually need to file a petition in the probate court where the estate is pending.

Disclaimer: This article is educational only and is not legal advice. For help with a specific case, consult a Florida probate attorney.

Detailed answer — step‑by‑step under Florida law

1) Confirm the basic facts

Start by confirming whether the decedent’s will (if any) names you as a beneficiary for a cash bequest and whether the estate has officially opened in probate. You can usually find the probate file and docket at the county clerk’s probate division where the decedent lived.

2) Identify the personal representative and the estate case

The court issues letters of administration (letters testamentary or letters of administration) to the personal representative. Those letters give the representative legal authority to act for the estate. If the representative has been appointed, obtain a copy of the letters from the probate clerk. If no administration has been opened and the will names a personal representative, that person normally must file for probate to begin distributions.

3) Request a written accounting and a distribution timeline

Ask the personal representative, in writing, for an accounting and an expected distribution date. Florida law governs how an estate is administered (see Chapter 733, Administration of Estates). Link: Fla. Stat. Ch. 733 (Administration of Estates).

4) Check whether the estate qualifies for summary administration

If the estate’s assets are small or the decedent died more than two years ago and there are no outstanding creditors, the estate may qualify for summary administration under Florida’s summary administration rules. Summary administration can speed distributions and limit the personal representative’s duty to account fully. See Fla. Stat. Ch. 735 (Summary Administration).

5) If the personal representative still refuses, file for relief in probate court

If informal requests fail, you must ask the probate court to enforce your rights. Common court petitions and remedies include:

  • Petition for an accounting or to compel the personal representative to file accountings.
  • Petition for distribution if the estate is ready to distribute assets.
  • Motion to surcharge the personal representative for losses caused by mismanagement or refusal to distribute.
  • Petition to remove the personal representative for cause (dereliction of duty, conflict of interest, dishonesty, etc.).
  • Petition for summary administration if the estate qualifies.
  • Petition for contempt against the personal representative for willful disobedience of court orders.

6) Evidence you will need

To succeed in court you should gather:

  • The decedent’s will (if any) and any codicils.
  • Letters testamentary or letters of administration.
  • Death certificate.
  • Copies of any written requests you made to the personal representative.
  • Any accountings, bank statements, or probate filings available from the court file.
  • Proof of your identity and relationship or beneficiary status.

7) Timing and practical considerations

Probate actions take time. Expect weeks for basic motions and several months for contested matters. Courts balance creditor claims, estate taxes, and proper notice to all interested persons before ordering distributions. If the estate lacks sufficient assets, cash bequests may be reduced or abated under statutory priority rules.

8) Costs and outcomes

Legal and court costs may reduce the amount distributed. If the court finds the personal representative acted improperly, the representative may be ordered to pay legal fees or be surcharged, which can increase recovery for beneficiaries.

9) When to hire a Florida probate attorney

If the personal representative ignores reasonable written demands, refuses to provide an accounting, or there are signs of asset mismanagement or self‑dealing, consult a Florida probate attorney. An attorney can prepare and file the necessary petitions and represent you at hearings.

Helpful hints

  • Start with polite, written requests. Courts like to see you tried to resolve issues informally first.
  • Check the probate docket online at the county clerk’s website to find filings and hearing dates.
  • Keep copies of all correspondence and receipts. Chronology helps in court.
  • If you suspect theft or fraud, preserve evidence and notify law enforcement as well as your attorney.
  • Ask whether the estate qualifies for summary administration — it can speed recovery of small cash bequests.
  • Be realistic: if the estate has more creditors than assets, the court must pay creditors first. Cash bequests can be reduced or eliminated by creditor claims and taxes.
  • Act promptly. Delays may make it harder to locate assets or hold a representative accountable.
  • Bring the will, letters, death certificate, and any written requests when you meet an attorney to speed advice and action.

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.