If you’ve been named in a loved one’s will or are an heir to a Palm Beach estate, you may feel powerless while someone else controls the process. You’re not. Florida law gives beneficiaries meaningful rights during probate. Here are answers to the questions we hear most from Palm Beach families.
Am I entitled to be notified about the probate?
Yes. When a formal administration opens in the Palm Beach County Probate Division, the personal representative must serve interested persons, including beneficiaries, with a Notice of Administration. That notice tells you the estate has been opened, identifies the personal representative, and warns of important deadlines, such as the limited window to object to the will’s validity, the qualifications of the personal representative, or the court’s jurisdiction. Those deadlines are short, so don’t ignore the notice.
Can I get a copy of the will?
Generally, yes. A Florida will is filed with the clerk of court when probate begins, which in Palm Beach means the Clerk of the Circuit Court. As a beneficiary or interested person, you can typically obtain a copy. Reviewing it matters, because Florida requires a valid will to be signed by the testator and witnessed by two witnesses under Section 732.502; a will that wasn’t properly executed can be challenged.
Do I have a right to know what’s in the estate?
Yes. The personal representative must file an inventory listing the estate’s assets and their values. Beneficiaries are entitled to receive a copy. If you believe assets are missing, undervalued, or being mishandled, you can request more detail and, if necessary, ask the court to intervene.
What about an accounting of the money?
Florida law entitles beneficiaries to an accounting before the estate closes. The accounting shows what came in, what was paid out, fees charged, and what remains for distribution. You have the right to review it and to object if something looks wrong, such as inflated fees or unexplained disbursements. Many Palm Beach disputes are resolved simply because a beneficiary asked the right questions about an accounting.
What if the personal representative is too slow or unresponsive?
Beneficiaries have the right to reasonable information about the estate’s progress. If the personal representative stonewalls, mismanages assets, or has a conflict of interest, Florida law allows interested persons to petition the court to compel action, demand an accounting, or seek removal and replacement. Documented misconduct can also support a surcharge claim to recover losses.
Does a surviving spouse have special rights?
Yes, and this matters in many Palm Beach estates. A surviving spouse may be entitled to the elective share under Florida Statutes Section 732.2065 and following, which protects a percentage of the elective estate regardless of what the will says. A spouse may also have homestead rights under Article X, Section 4 of the Florida Constitution, plus a family allowance and exempt property. These rights can override the will’s plain language.
Can I be disinherited entirely?
A Florida testator can generally leave assets as they choose, with key exceptions: a spouse’s elective share and homestead protections, and rights of a pretermitted spouse or child in certain circumstances. So while disinheritance of an adult child is usually allowed, a spouse cannot be left with nothing if they assert their statutory rights.
The takeaway for Palm Beach beneficiaries
You have real, enforceable rights to notice, information, accountings, and honest administration. The key is acting within Florida’s deadlines.
This is general information, not legal advice. Beneficiary deadlines in Florida probate are strict and fact-dependent. If you’re a beneficiary in a Palm Beach estate, consult a licensed Florida probate attorney promptly.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
