The Florida Senate

733.802  Proceedings for compulsory payment of devises or distributive interest.--

(1)  Before final distribution, no personal representative shall be compelled:

(a)  To pay a devise in money before the final settlement of his or her accounts,

(b)  To deliver specific personal property devised that may have come into his or her hands, unless the personal property is exempt personal property,

(c)  To pay all or any part of a distributive share in the personal estate of a decedent, or

(d)  To surrender land to any beneficiary,

unless the beneficiary files a petition setting forth the facts that entitle him or her to relief and stating that the property will not be required for the payment of debts, family allowance, estate and inheritance taxes, claims, elective share of the surviving spouse, charges, or expenses of administration or for providing funds for contribution or enforcing equalization in case of advancements.

(2)  An order directing the surrender of real property or the delivery of personal property shall describe the property to be surrendered or delivered. The order shall be conclusive in favor of bona fide purchasers for value from the beneficiary or distributee as against the personal representative and all other persons claiming by, through, under, or against the decedent or the decedent's estate.

(3)  If the administration of the estate has not been completed 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 in s. 45.011, conditioned on the making of due contribution for the payment of devises, family allowance, estate and inheritance taxes, claims, elective share of the spouse, charges, expenses of administration, and equalization in case of advancements, plus any interest on them.

History.--s. 1, ch. 74-106; s. 86, ch. 75-220; s. 37, ch. 77-87; s. 1, ch. 77-174; s. 272, ch. 79-400; s. 1019, ch. 97-102.

Note.--Created from former s. 734.03.