The Florida Senate

733.105  Determination of beneficiaries.--

(1)  When property passes by intestate succession or under a will to a person not sufficiently identified in the will and the personal representative is in doubt about:

(a)  Who is entitled to receive it or part of it, or

(b)  The shares and amounts that any person is entitled to receive,

the personal representative may file a petition setting forth the names, residences, and post office addresses of all persons in interest, except creditors of the decedent, so far as known or ascertainable by diligent search and inquiry, and the nature of their respective interests, designating those who are believed by the personal representative to be minors or incompetents and stating whether those so designated are under legal guardianship in this state. If the personal representative believes that there are, or may be, persons whose names are not known to him or her who have claims against, or interest in, the estate as heirs or devisees, the petition shall so state.

(2)  After formal notice and hearing, the court shall enter an order determining the heirs or devisees or the shares and amounts they are entitled to receive, or both. Any personal representative who makes distribution or takes any other action pursuant to the order shall be fully protected.

(3)  When it is necessary to determine who are or were the heirs or devisees, the court may make a determination, on the petition of any interested person, in like proceedings and after formal notice, irrespective of whether the estate of the deceased person is administered or, if administered, whether the administration of the estate has been closed or the personal representative discharged. A separate civil action may be brought under this subsection when an estate is not being 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.

Note.--Created from former s. 734.25.