RULE 5.385. DETERMINATION OF BENEFICIARIES AND
SHARES

(a) Beneficiaries and Shares. If a personal representative or
other interested person is in doubt or is unable to determine with
certainty beneficiaries entitled to an estate or the shares of any
beneficiary of an estate, or a beneficiary entitled to any asset or
interest in an estate, the personal representative or other interested
person may petition the court to determine beneficiaries.

(b) Petition. The petition shall include:
(1) the names, residences, and post office addresses of
all persons who may have an interest, except creditors of the
decedent, known to the petitioner or ascertainable by diligent
search and inquiry;

(2) a statement of the nature of the interest of each
person;

(3) designation of any person believed to be a minor or
incapacitated, and whether any person so designated is under legal
guardianship in this state;

(4) a statement as to whether petitioner believes that
there are, or may be, persons whose names are not known to
petitioner who have claims against, or interest in, the estate as
beneficiaries.

(c) Order. After formal notice and hearing, the court shall
enter an order determining the beneficiaries or the shares and
amounts they are entitled to receive, or both.

Committee Notes

This rule represents a rule implementation of the procedure
formerly found in section 733.105, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.

Rule History

1988 Revision: New rule.

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

2002 Revision: Subdivision (c) added to implement procedure
formerly found in section 733.105(2), Florida Statutes. Committee
notes revised.
2003 Revision: Change in subdivision (c) to replace “heirs or
devisees” with “beneficiaries” to incorporate term used in section
733.105, Florida Statutes. Committee notes revised.

2007 Revision: Committee notes revised.

2012 Revision: Committee notes revised.

2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(6)
provides an exception for the full name of any minor “in any
document or order affecting minor’s ownership of real property.”
Committee notes revised.

Statutory References

ch. 49, Fla. Stat. Constructive service of process.

§ 731.201(2), (23), Fla. Stat. General definitions.

§ 731.301, Fla. Stat. Notice.

§ 733.105, Fla. Stat. Determination of beneficiaries.

Rule References

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.040 Notice.

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

Fla. Prob. R. 5.120 Administrator ad litem and guardian ad
litem.

Fla. Prob. R. 5.205(a)(5) Filing evidence of death.

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

Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.