1998 Florida Code
TITLE XLII ESTATES AND TRUSTS
Chapter 735 Probate Code: Family Administration And Small Estates  
PART I FAMILY ADMINISTRATION (ss. 735.101-735.107)
735.107   Family administration distribution.

735.107  Family administration distribution.--

(1)  Upon filing the petition for family administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate.

(2)  If the estate consists of personal property only, then, after such hearing as the court may require, an order of family administration may be entered allowing immediate distribution of the assets to the persons entitled to them.

(3)  The order of family administration and the distribution so entered shall have the following effect:

(a)  Those to whom specified parts of the decedent's estate are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. They may maintain actions to enforce the right.

(b)  Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedent's estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property.

(c)  After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other heirs and devisees.

(d)  Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as provided in this law.

(e)  The petitioners for the order of family administration shall be personally liable for all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each petitioner, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida.

(f)  After 2 years from the death of the decedent, neither her nor his estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.

(g)  Any heir or devisee of the decedent who was lawfully entitled to share in the estate but was not included in the order of family administration and distribution may enforce her or his rights against those who procured the order in appropriate proceedings and, when successful, shall be awarded reasonable attorney's fees as an element of costs.

(4)(a)  If the estate of the decedent includes real property and administration under chapter 733 has proceeded to the point that all claims of creditors have been processed or barred, or upon the satisfaction of all claims of creditors, if any, and after such hearing as the court may require, an order of family administration may be entered and the personal representative authorized to make distribution of the assets to the persons entitled to them. Upon evidence satisfactory to the court that distribution has been made, the court shall enter an order discharging the personal representative.

(b)  Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of family administration and distribution may enforce her or his rights against those who procured the order in appropriate proceedings and, when successful, shall be awarded reasonable attorney's fees as an element of costs.

History.--s. 103, ch. 75-220; s. 46, ch. 77-87; s. 1, ch. 77-174; s. 12, ch. 89-340; s. 1034, ch. 97-102.