Florida Probate Rule 5.380

Compulsory Payment of Devises or Distributive Interests

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

  1. (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.
  2. (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, before the final settlement of the personal representative’s accounts, to do 1 or more of the following:
    1. (1)
      pay all or any part of a devise in money;
    2. (2)
      deliver specific personal property within the personal representative’s custody and control;
    3. (3)
      pay all or any part of a distributive interest in the personal estate of a decedent; or
    4. (4)
      surrender real property.
  3. (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.

Notes

Rule History
1984
Extensive changes. Committee notes revised.
1988
Editorial change in caption of (a). Citation form change in committee notes.
1992
Editorial changes. Committee notes revised. Citation form changes in committee notes.
2003
Committee notes revised.
2012
Committee notes revised.
2026
Committee notes revised.

References

Statutory References

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

Rule References