In short: In Hinson v. Estate of Hinson (3d DCA, Oct. 15, 2025), the will gave the personal representative discretion to pay beneficiaries in cash, in kind, or both. The probate court ordered cash for two small beneficiaries anyway. The Third DCA reversed: under § 733.810 and the will, that choice belonged to the PR, not the judge.
The Facts
John A. Hinson died in September 2021. His will left 95% of the residuary estate to his wife Jeanine, who also served as personal representative, 3% to his longtime secretary and 2% to a friend.
The will gave the PR broad discretion over estate property, a general power of sale, and an express power to distribute in money, in kind, or partly each.
By the end of administration the main assets were interests in a closely held Georgia limited partnership and stock in six closely held Florida companies, mostly real estate businesses.
The PR asked to distribute those interests pro rata, in kind, to avoid appraisal costs, delay and valuation fights. The two minority beneficiaries objected and asked to be paid cash based on a date-of-death valuation. The secretary explained she was elderly, unwell and wanted to retire.
The trial judge treated getting the minority beneficiaries paid quickly as the guiding goal and ordered cash distributions.
The Decision
The Third District Court of Appeal reversed in an opinion by Judge Logue (Case No. 3D24-2121, decided October 15, 2025).
Section 733.810(1) generally favors distribution in kind. The will’s general power of sale triggers an exception that makes in-kind distribution optional rather than required, but the court explained that the exception does not hand the decision to the judge. The will expressly put the cash-or-kind choice in the PR’s hands.
Relying on the older Florida Supreme Court decision in Wallace v. Julier, the court said a fiduciary’s discretion stands as long as it is exercised honestly and reasonably. Nothing showed prejudice to the estate. If anything, the cash order shifted the minority beneficiaries’ appraisal and sale costs onto the estate, which mostly belonged to the majority beneficiary.
The Law
Section 733.810 sets the default rules for distributing estate assets in kind, including how assets are valued and when the PR may sell instead. Section 733.602 makes the PR a fiduciary held to the trustee’s standard of care.
The opinion did not discuss § 733.810(5), which allows non-pro-rata distributions subject to the duty of impartiality. Beneficiaries worried about receiving illiquid minority interests should look at that subsection and at the PR’s fiduciary duties, rather than asking the court to substitute its preference for the PR’s.
Lessons
- Read the will’s administrative powers first. A clause letting the PR distribute in cash or in kind is powerful, and courts will enforce it.
- A beneficiary who wants cash must show the PR acted dishonestly, unreasonably or in a way that prejudices the estate, not just that cash would be more convenient.
- Closely held business interests are hard to value. In-kind distribution avoids an appraisal fight but leaves minority holders with assets they may not be able to sell.
- Planning tip: if a client’s estate will hold family-business interests, spell out who gets what and how liquidity will be handled.
Source: Opinion, Hinson v. In re Estate of Hinson, No. 3D24-2121 (Fla. 3d DCA Oct. 15, 2025)
Watch the Video
This short video explains the Hinson appeal.
Florida Probate Appeal Case: Hinson v. Hinson Will Dispute Explained
Go Deeper
- Florida Personal Representative Duties: What the Job Requires and When a PR Is Personally Liable
- Someone Stealing From an Estate in Florida? How to Find Hidden Assets and Get the Money Back
- A $2.5 Million Golf Course Sold for $12 Million: Trustee Surcharged in McCormick v. Cox
Frequently Asked Questions
Can a Florida probate judge force a personal representative to pay beneficiaries in cash?
Not where the will gives the PR discretion to distribute in cash or in kind and the PR exercises it honestly and reasonably. In Hinson the Third DCA reversed an order requiring cash distributions.
What does distribution in kind mean in Florida probate?
It means giving beneficiaries the estate’s actual assets, such as shares, real estate or partnership interests, instead of selling them and paying cash. Section 733.810 generally favors it.
Does a power of sale in a will change the in-kind rule?
Under § 733.810(1)(a) a general power of sale makes in-kind distribution optional rather than mandatory. Hinson holds that the choice still belongs to the PR.
What can a minority beneficiary do if they do not want illiquid shares?
They can challenge the PR for breach of fiduciary duty or partiality, negotiate a buyout, or raise § 733.810(5). They need more than a preference for cash.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
