Should I Cash an Inheritance (Distribution) Check Before Reviewing the Probate Accounting in Florida? | Florida Probate | FastCounsel
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Should I Cash an Inheritance (Distribution) Check Before Reviewing the Probate Accounting in Florida?

Should I cash an inheritance check before seeing the executor’s formal accounting in Florida probate? - Florida

The Short Answer

In Florida probate, cashing an inheritance (distribution) check is not automatically the same thing as approving the personal representative’s accounting—but it can create risk if the check or accompanying paperwork is tied to a release, waiver, or “receipt and acceptance” language. If you have not seen the accounting (or you have concerns about fees, missing assets, or unequal distributions), it’s usually wise to have a Florida probate attorney review the distribution documentation before you negotiate the check.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: Probate matters move toward a closing/discharge. If the estate closes and the personal representative is discharged, your leverage and available remedies may narrow significantly. See Fla. Stat. § 733.901.
  • Burden of Proof: If you later claim the accounting is wrong (missing assets, improper expenses, excessive compensation), you may need bank records, closing statements, receipts, and other evidence that is easier to obtain and analyze earlier in the case.
  • Exceptions and Waivers: The biggest practical issue is not the check itself—it’s what comes with it. Some distributions are accompanied by a proposed waiver, release, or “receipt” that can limit objections to the accounting or support the personal representative’s discharge.

Trying to handle this alone can lead to signing away rights unintentionally or missing the window to raise legitimate objections before the estate is closed.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.