What Are Your Rights as a Beneficiary in Florida?

Beneficiaries of wills and trusts in Florida have clear, legally enforceable rights — including the right to receive formal notice, the right to an accounting, the right to information about assets, and the right to challenge improper distributions or self‑dealing. These rights exist under Florida law and do not depend on whether the trustee or personal representative is cooperative. For many families in Orlando, Orange County, Seminole County, and Osceola County, these protections become crucial when communication breaks down or administration stalls.

At the Law Office of Robyn L. Lesser, P.A., we help beneficiaries statewide understand and enforce their rights so they are not left in the dark or treated unfairly. Below is a clear explanation of what Florida law provides and what you can do when those rights are ignored.

The Right to Receive Formal Notice

Will beneficiaries: In probate, beneficiaries and interested parties must receive a Notice of Administration. This notice triggers important legal deadlines — including the deadline to contest the will. If you never received notice, your rights may not have been properly recognized.

Trust beneficiaries: After the settlor (the person who created the trust) dies, Florida law requires the trustee to provide a Notice of Trust to beneficiaries. This is your official notification that the trust is active and that you have rights tied to it.

Without proper notice, you cannot meaningfully participate in the process — which is why Florida law makes this step mandatory.

The Right to a Full and Accurate Accounting

Both estate and trust beneficiaries have the right to a written accounting that shows:

• All assets coming into the estate or trust
• All expenses and payments made
• All distributions
• Remaining assets still to be distributed

In probate: The personal representative must file an Inventory and later provide a formal accounting unless all beneficiaries waive it.

In trusts: Trustees must provide annual accountings or provide one on reasonable request.

If months have passed with no accounting — or you are told you “don’t need to see that” — your rights may be violated.

The Right to Information About Assets

Beneficiaries have the right to know what assets exist, where they are held, and how they are being managed. This includes:

• Bank accounts
• Investment portfolios
• Real estate
• Business interests
• Personal property

Trust beneficiaries: You also have the right to receive relevant portions of the trust document itself so you understand the terms governing distributions and management.

Silence, stonewalling, or vague responses are warning signs — and not permitted under Florida law.

The Right to Challenge Improper Distributions or Self‑Dealing

Fiduciaries — trustees and personal representatives — must act in the best interest of the beneficiaries. You have the right to take action if you suspect:

• A trustee is using trust funds for personal expenses
• A personal representative is selling estate property below market value to a friend or relative
• A fiduciary is favoring certain beneficiaries improperly
• A trustee is making risky or reckless investments

Florida law imposes strict fiduciary duties, and violations can result in removal, repayment of losses (surcharge), reversal of improper transactions, or other court‑ordered remedies.

The Right to Timely Distribution

Beneficiaries are entitled to receive their distributions once the estate or trust administration is properly completed. While probate takes time and trusts may require ongoing management, unreasonable or unexplained delays are not acceptable.

If a fiduciary refuses to distribute assets, continues to delay without cause, or cannot explain why the process is stalled, you have the right to demand action.

Your Rights as a Will Beneficiary vs. a Trust Beneficiary

Will beneficiaries are protected through the probate system. Their rights include notice, the ability to object to improper actions, and access to court oversight throughout administration.

Trust beneficiaries have rights that apply both before and after probate, depending on when assets are transferred into the trust. Trust administration is often more private, which means beneficiaries must be proactive in asserting their rights to information, accountings, and proper management.

Although both types of beneficiaries have strong protections, the procedures to enforce these rights are different — which is why legal guidance is often essential.

What to Do When Your Rights Are Being Ignored

Many beneficiaries feel powerless — especially when the person in charge holds all the documents and all the information. If something feels wrong, here are the steps to take:

1. Ask for the Information in Writing

A polite, written request creates a record and often prompts action. Many fiduciaries respond once they understand the request is formal and documented.

2. Keep Copies of All Communications

Emails, texts, and letters can become important evidence if delays or misconduct escalate.

3. Request an Accounting

This is often the single most effective early step. Fiduciaries who hesitate or refuse may be signaling a deeper problem.

4. Seek Legal Guidance When Delays or Silence Continue

You do not have to wait months in frustration. Once a fiduciary ignores reasonable requests, legal intervention may be the only way to protect your rights and the assets intended for you.

Beneficiaries are not being “difficult” or “impatient” by asserting their rights. Florida law expects transparency and accountability. You are entitled to clarity, and you deserve to be heard.

You can learn more about your rights from our related guides:

• Beneficiary Representation
• Fiduciary Litigation
• Trustee and Personal Representative Disputes
• Will and Trust Contests

Law Office of Robyn L. Lesser, P.A. represents beneficiaries of wills and trusts throughout Florida, with offices in Orlando and active practice in Seminole County, Osceola County, and communities statewide. Call (407) 698-5338.