Florida Statute 733.105
“Determination of beneficiaries”
What it means
Section 733.105(1) applies when property passes by intestate succession or the will is unclear, and there is doubt about who is entitled to receive any part of the property, or about the shares and amounts a person is entitled to receive. In that case any interested person may petition the court to determine beneficiaries or their shares.
A personal representative who makes distribution or takes any other action under an order determining beneficiaries is fully protected (subsection (2)). Under subsection (3), a separate civil action to determine beneficiaries may be brought when an estate has not been administered. Florida Probate Rule 5.385 sets the procedure and contents of the petition.
- Applies when property passes by intestate succession or the will is unclear (§ 733.105(1)).
- Triggered by doubt about who is entitled to any part of the property or about shares and amounts (§ 733.105(1)(a)-(b)).
- Any interested person may petition the court (§ 733.105(1)).
- A personal representative acting under an order determining beneficiaries is fully protected (§ 733.105(2)).
- With no estate administered, a separate civil action may be brought (§ 733.105(3)).
Text of the statute (2026)
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.105.
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.
How it applies
A petition under this section is used where the identity of a beneficiary or the size of a share is uncertain, such as an intestate estate with an unlocated heir or a will whose class gift is unclear. The petition is filed in the probate case under Rule 5.385, and the order states who takes and in what shares.
A personal representative who distributes under that order is protected by subsection (2). Where no estate has been administered, subsection (3) permits a separate civil action instead.
Questions people ask
Sources
- Fla. Stat. § 733.105 (Petition to determine beneficiaries, protection of the personal representative, and the separate civil action.)
- Fla. Prob. R. 5.385 (edition 2026-10-15) (Procedure and contents of a petition to determine beneficiaries and shares.)
Last checked: October 17, 2026
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