733.105
Determination of beneficiaries.
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733.105 Determination of beneficiaries.—
(1) When property passes by intestate succession or the will is unclear and there is doubt about:
(a) Who is entitled to receive any part of the property, or
(b) The shares and amounts that any person is entitled to receive,
any interested person may petition the court to determine beneficiaries or their shares.
(2) Any personal representative who makes distribution or takes any other action pursuant to an order determining beneficiaries shall be fully protected.
(3) A separate civil action to determine beneficiaries may be brought when an estate has not been administered.
History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 226, ch. 77-104; s. 1, ch. 77-174; s. 983, ch. 97-102; s. 81, ch. 2001-226.
Note.—Created from former s. 734.25.
Notes of Decisions
Cited in 25
cases (3 in the last 5 years), 1981–2024 · leading case: Amendments to the Florida Probate Rules
Amendments to the Florida Probate Rules (2003)
“§ 733.105, Fla. Stat. Determination of beneficiaries.”
In Re Estate of Odom (1981)
“Section 733.105, Florida Statutes (1979), is a provision for, among other things, determination of beneficiaries when property passes by intestate succession.”
In Re Amendments to the Fl. Probate Rules (2007)
“§ 733.105, Fla. Stat. Determination of beneficiaries.”
Florida Bar (1988)
“F.S. 733.105 Determination of beneficiaries.”
Bryan v. Fernald (2017)
“In 2015, Bryan filed a petition to determine intestate beneficiaries pursuant to section 733.105, Florida Statutes (2014), in the probate proceeding.”
In Re Estate of Budny (2002)
“385 and section 733.105, Florida Statutes (2000).”
In Re Estate of Howard (1989)
“Section 733.105, Florida Statutes. Historically, matters which lie within the jurisdiction of the probate court for determination are not subject to the constitutionally protected right to a jury trial.”
In Re Amendments to the Florida Probate Rules (2011)
“§ 733.105, Fla. Stat. Determination of beneficiaries.”
Florida Bar re Amendment to Rules (1984)
“*1082 F.S. 733.105 Determination of beneficiaries.”
In Re Amend. to Florida Probate Rules (2008)
“§ 733.105, Fla. Stat. Determination of beneficiaries.”
In Re Estate of Scott (1995)
“NOTES [1] Although not challenged below, Griffis' petition to add heirs appears to be a petition to determine heirs under § 733.105, Fla. Stat. (1993).”
American Airlines, Inc. v. Montero (1999)
“Montero filed a motion to dismiss American’s petition for determination of beneficiaries claiming that American was not an interested person pursuant to section 733.105(3), Florida Statutes (1997), 2 and that the probate court should abate the action in favor of the wrongful…”
— 733.105(1) — 1 case
Mosley v. Thomas (1981)
— 733.105(2) — 3 cases
Amendments to the Florida Probate Rules (2003)
“§ 733.105, Fla. Stat. Determination of beneficiaries.”
In Re Amendments to the Fl. Probate Rules (2007)
“§ 733.105, Fla. Stat. Determination of beneficiaries.”
— 733.105(3) — 3 cases
In Re Estate of Odom (1981)
“Section 733.105, Florida Statutes (1979), is a provision for, among other things, determination of beneficiaries when property passes by intestate succession.”
American Airlines, Inc. v. Montero (1999)
“Montero filed a motion to dismiss American’s petition for determination of beneficiaries claiming that American was not an interested person pursuant to section 733.105(3), Florida Statutes (1997), 2 and that the probate court should abate the action in favor of the wrongful…”
Mosley v. Thomas (1981)
— 733.105(l)(a) — 1 case
Yergin v. Georgopolos (2017)
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