Florida Probate Rule 5.385

Determination of Beneficiaries and Shares

Text of the rules effective October 1, 2026.

  1. (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.
  2. (b)
    Petition. The petition must include:
    1. (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. (2)
      a statement of the nature of the interest of each person;
    3. (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. (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.
  3. (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.

Notes

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
New rule.
1992
Editorial changes. Committee notes revised. Citation form changes in committee notes.
2002
Subdivision (c) added to implement procedure formerly found in section 733.105(2), Florida Statutes. Committee notes revised.
2003
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
Committee notes revised.
2012
Committee notes revised.
2014
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
Committee notes revised.

References

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