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.
What Florida Law Says
Florida probate administration typically ends with the personal representative seeking discharge. Once the court enters a discharge, Florida law gives that discharge powerful legal effect—cutting off many claims against the personal representative and the surety. That’s why beneficiaries often want to review the accounting and raise any objections before the estate is wrapped up.
The Statute
The primary law governing this issue is Fla. Stat. § 733.901.
This statute establishes that once the personal representative is discharged, the discharge releases the personal representative and bars actions against the personal representative (and the surety) in many circumstances.
If you want more background on what you should expect to see, you may find this helpful: What Is the Final Accounting in the Florida Probate Process? and Do I have to file an annual estate accounting with the probate court in Florida?.
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.
Get Connected with a Florida Attorney
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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.