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

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 the personal representative’s accounts,

   (b) To deliver specific personal property devised, 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 establishes 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 to provide funds for contribution or to enforce equalization in case of advancements.

   (2) An order directing the surrender of real property or the delivery of personal property by the personal representative to the beneficiary 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; s. 154, ch. 2001-226.

Note. Created from former s. 734.03.