What Steps Should I Take When I Receive a Settlement Check from an Estate? - Florida
The Short Answer
In Florida, a check labeled as an estate “distribution” generally means you are receiving your share of estate assets from the personal representative. Cashing or depositing it can have legal consequences—especially if there is a dispute about the amount, the probate accounting, or whether the distribution was proper—so it’s smart to understand what you’re receiving and what you may be asked to sign before you negotiate the check.
What Florida Law Says
When a beneficiary (or other distributee) receives a payment or property from the estate, Florida law generally treats that person as having succeeded to the estate’s interest in what was distributed. At the same time, if the distribution turns out to be improper, the personal representative may have the ability to seek recovery of the asset (or its value). That’s why the “settlement check” should be viewed as part of the estate’s distribution process—not just a simple payment.
If you’re receiving a “settlement” because of a negotiated resolution (for example, a will contest or beneficiary dispute), additional documents like a release, receipt, or settlement agreement may control your rights and obligations beyond the check itself.
The Statute
The primary law governing this issue is Fla. Stat. § 733.811.
This statute establishes that when a distributee receives payment in distribution (or an in-kind transfer), the distributee generally succeeds to the estate’s interest in that asset as against other interested persons—though the fiduciary may be able to recover the asset or its value if the distribution was improper.
Related reading: Should I cash an inheritance (distribution) check before reviewing the probate accounting 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: Your rights may be affected by probate objection timelines and case-specific court deadlines (for example, deadlines tied to accountings, discharge, or settlement approval in the probate case).
- Burden of Proof: If there’s later a claim that the distribution was incorrect (wrong amount, wrong person, missing creditor/tax issue), proving what the check represented—and whether you accepted it as “full settlement”—can become evidence-heavy.
- Exceptions: A “settlement check” may be conditioned on signing a release, waiver, or receipt; it may also involve disputed beneficiary rights, creditor issues, or later claims that the distribution was improper—each of which can change your risk if you deposit the funds.
Trying to handle this alone can lead to unintended waiver of rights, signing away claims you didn’t mean to release, or getting pulled into a dispute where the estate (or another beneficiary) seeks repayment.
If you’re also having trouble getting information from the personal representative, see: How do beneficiaries access probate records in Florida when a personal representative withholds information?
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
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.