Fla. Prob. R. 5.380 · Part II. — PROBATE
COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS
Text — October 1, 2026 edition
(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.
(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) pay all or any part of a devise in money;
(2) deliver specific personal property within the personal representative’s custody and control;
(3) pay all or any part of a distributive interest in the personal estate of a decedent; or
(4) surrender real property.
(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 and commentary — not rule text
Committee Notes
Rule History
1984 Revision: Extensive changes. Committee notes revised.
1988 Revision: Editorial change in caption of (a). Citation form change in committee notes.
1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes.
2003 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
2026 Revision: Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice. § 733.802, Fla. Stat. Proceedings for compulsory payment of devises or distributive interest. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf (PDF pages 171–172)
- Text hash
- sha256 198d5967451232bb3cff3a10ba5125112b3bb9277ec3d43445e0be39e191427b
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.