Florida Statutes
Fla. Stat. § 733.105 (2025)
Determination of beneficiaries.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.105 Determination of beneficiaries.—
(1) When property passes by intestate succession or the will is unclear and there is doubt about:
(a) Who is entitled to receive any part of the property, or
(b) The shares and amounts that any person is entitled to receive,
any interested person may petition the court to determine beneficiaries or their shares.
(2) Any personal representative who makes distribution or takes any other action pursuant to an order determining beneficiaries shall be fully protected.
(3) A separate civil action to determine beneficiaries may be brought when an estate has not been 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; s. 81, ch. 2001-226.
Note.—Created from former s. 734.25.
Notes of Decisions
Cited in 25
cases (3 in the last 5 years), 1981–2024 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.105, Fla. Stat. Determination of beneficiaries.”
In Re Est. of Odom, 397 So. 2d 420 (Fla. 2d DCA 1981). “Section 733.105, Florida Statutes (1979), is a provision for, among other things, determination of beneficiaries when property passes by intestate succession.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 733.105, Fla. Stat. Determination of beneficiaries.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.105 Determination of beneficiaries.”
Bryan v. Fernald, 211 So. 3d 333 (Fla. 2d DCA 2017). “In 2015, Bryan filed a petition to determine intestate beneficiaries pursuant to section 733.105, Florida Statutes (2014), in the probate proceeding.”
In Re Est. of Budny, 815 So. 2d 781 (Fla. 2d DCA 2002). “385 and section 733.105, Florida Statutes (2000).”
In Re Est. of Howard, 542 So. 2d 395 (Fla. 1st DCA 1989). “Section 733.105, Florida Statutes. Historically, matters which lie within the jurisdiction of the probate court for determination are not subject to the constitutionally protected right to a jury trial.”
In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). “§ 733.105, Fla. Stat. Determination of beneficiaries.”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “*1082 F.S. 733.105 Determination of beneficiaries.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 733.105, Fla. Stat. Determination of beneficiaries.”
In Re Est. of Scott, 659 So. 2d 361 (Fla. 1st DCA 1995). “NOTES [1] Although not challenged below, Griffis' petition to add heirs appears to be a petition to determine heirs under § 733.105, Fla. Stat. (1993).”
Am. Airlines, Inc. v. Montero, 741 So. 2d 587 (Fla. 3d DCA 1999). “Montero filed a motion to dismiss American’s petition for determination of beneficiaries claiming that American was not an interested person pursuant to section 733.105(3), Florida Statutes (1997), 2 and that the probate court should abate the action in favor of the wrongful…”
— 733.105(1) — 1 case
Mosley v. Thomas, 402 So. 2d 594 (Fla. 5th DCA 1981).
— 733.105(2) — 3 cases
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.105, Fla. Stat. Determination of beneficiaries.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 733.105, Fla. Stat. Determination of beneficiaries.”
Amendments to the Florida Prob. Rules, 824 So. 2d 849 (Fla. 2002).
— 733.105(3) — 3 cases
In Re Est. of Odom, 397 So. 2d 420 (Fla. 2d DCA 1981). “Section 733.105, Florida Statutes (1979), is a provision for, among other things, determination of beneficiaries when property passes by intestate succession.”
Am. Airlines, Inc. v. Montero, 741 So. 2d 587 (Fla. 3d DCA 1999). “Montero filed a motion to dismiss American’s petition for determination of beneficiaries claiming that American was not an interested person pursuant to section 733.105(3), Florida Statutes (1997), 2 and that the probate court should abate the action in favor of the wrongful…”
Mosley v. Thomas, 402 So. 2d 594 (Fla. 5th DCA 1981).
— 733.105(l)(a) — 1 case
Yergin v. Georgopolos, 217 So. 3d 155 (Fla. 3d DCA 2017).
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