RULE 5.380. COMPULSORY PAYMENT OF DEVISES OR
DISTRIBUTIVE INTERESTS

(a) Petition. A beneficiary may file a petition setting forth
the facts that entitle the beneficiary to compel payment of devises or
distributive interests stating that the property will not be required
for the payment of debts, family allowance, spouse’s elective share,
estate and inheritance taxes, claims, charges, and expenses of
administration, or for providing funds for contribution or enforcing
equalization in case of advancements.

(b) Order. If the court finds that the property will not be
required for the purposes set forth in subdivision (a), it may enter
an order describing the property to be surrendered or delivered and
compelling the personal representative, prior to the final settlement
of the personal representative’s accounts, to do one or more of the
following:

(1) Pay all or any part of a devise in money.

(2) Deliver specific personal property within the
personal representative’s custody and control.

(3) Pay all or any part of a distributive interest in the
personal estate of a decedent.

(4) Surrender real property.

(c) Bond. Before the entry of an order of partial distribution,
the court may require the person entitled to distribution to give a
bond with sureties as prescribed by law.

Committee Notes

Rule History
1984 Revision: Extensive changes. Committee notes revised.

1988 Revision: Editorial change in caption of (a). Citation form
change in committee notes.

1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.

2003 Revision: Committee notes revised.

2012 Revision: Committee notes revised.

Statutory References

§ 731.301, Fla. Stat. Notice.

§ 733.802, Fla. Stat. Proceedings for compulsory payment of
devises or distributive interest.

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.