Q: Hello, I read the following to mean once FL probate is closed a beneficiary can not petition a court for partition.
“Essentially, a partition action is a legal proceeding that forces the sale of a piece of property. In Florida, partition of a property in probate cases is governed by Florida Statute 733.814, which states, “[w]hen two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before the estate is closed to partition the property in the same manner as provided by law for civil actions of partition.” Am I interpreting this statement correctly? What exactly defines closed?
A: The estate would be essentially closed when the property is distributed. Thus, if the property has been distributed to the beneficiaries, it would be one of them, not the estate, who would file the partition action.
Barbara Billiot Stage agrees with this answer
A:
You are making this harder than it is.
If the probate action is still open, then a partition action can be undertaken as part of the probate case.
If the probate case has been closed and the property deeded to two or more people as joint owners any or all of them can file a new partition action without reopening the probate case.
Barbara Billiot Stage agrees with this answer
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