Florida Probate Rule 5.385
“Determination of Beneficiaries and Shares”
What it means
Rule 5.385 applies when a personal representative or other interested person is in doubt, or unable to determine with certainty, who the beneficiaries of an estate are, what shares they take, or who is entitled to an asset or interest in the estate. That person may petition the court to determine beneficiaries. The committee notes state that the rule implements the procedure formerly found in § 733.105.
The petition must list the names, residences, and post office addresses of all persons who may have an interest, except creditors, known to the petitioner or ascertainable by diligent search and inquiry. It states the nature of each interest, designates anyone believed to be a minor or incapacitated and whether that person is under legal guardianship in this state, and states whether there may be unknown persons with claims or interests as beneficiaries. After formal notice and hearing, the court must enter an order determining the beneficiaries or the shares and amounts they are entitled to receive, or both.
- A personal representative or other interested person in doubt about the beneficiaries or their shares may petition the court (Rule 5.385(a)).
- The petition lists all persons who may have an interest, except creditors, known or ascertainable by diligent search and inquiry, with residences and post office addresses (Rule 5.385(b)(1)).
- It states the nature of each person's interest and designates anyone believed to be a minor or incapacitated, and whether that person is under guardianship in this state (Rule 5.385(b)(2)-(3)).
- It states whether there are or may be unknown persons with claims or interests as beneficiaries (Rule 5.385(b)(4)).
- After formal notice and hearing, the court must enter an order determining the beneficiaries or their shares and amounts, or both (Rule 5.385(c)).
- A personal representative who distributes or acts under an order determining beneficiaries is fully protected (§ 733.105(2)).
Text of the rule (2026)
(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 must 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 must enter an order determining the beneficiaries or the shares and amounts they are entitled to receive, or both.
Excerpts are the subsections the summary relies on. Read the full official text of Rule 5.385.
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. 2026 Revision: Committee notes revised.
How it applies
A proceeding to determine beneficiaries is listed as an adversary proceeding in rule 5.025(a)(5), and the petitioner serves formal notice under rule 5.040 (Rule 5.025(d)(1)). Section 733.105(1) states the statutory ground: property passes by intestate succession or the will is unclear, and there is doubt about who is entitled to receive it or in what shares. A personal representative who makes distribution or takes any other action under an order determining beneficiaries is fully protected (§ 733.105(2)). A separate civil action to determine beneficiaries may be brought when an estate has not been administered (§ 733.105(3)).
Where this shows up
Pages on this site where Rule 5.385 does real work:
Questions people ask
Sources
- Florida Probate Rules, Rule 5.385 (The Florida Bar) ("After formal notice and hearing, the court must enter an order determining the beneficiaries" (Rule 5.385(c)).)
- Florida Probate Rules, October 15, 2026 edition (PDF) (Text of Rule 5.385 and committee notes.)
- Florida Statutes § 733.105 ("shall be fully protected" for a personal representative who distributes under an order determining beneficiaries (§ 733.105(2)).)
- Florida Probate Rules, Rule 5.025 (The Florida Bar) (A proceeding "to determine beneficiaries" is an adversary proceeding (Rule 5.025(a)(5)).)
Last checked: October 17, 2026
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