What Happens When There Are No Heirs To An Estate In Florida?

You have received a phone call from the hospital, a neighbor, or even the police of another official agency. They tell you that someone you knew has died and they cannot locate any of their family members. Maybe you are a close friend that may be able to help, or maybe you have handled financial or estate matters for the individual in the past.

While this does present a complicated situation, it is one that is more common than people think. Below, our St. Petersburg probate administration lawyer explains what happens when someone passes away without heirs to their estate.

Florida Law on Escheated Estates 

Florida law governs what will occur when an estate has not been claimed and has no known beneficiaries or heirs. When heirs cannot be located, the estate is considered to be ‘escheated,’ meaning any property within the estate will transfer to the state of Florida. This transfer is not automatic and does not happen right away. There are still certain steps that must occur.

The Personal Representative 

Even when family members cannot be located, the probate court will still appoint an executor, formally known as the personal representative, to the estate. The personal representative may appoint an attorney, friend, or an interested individual who petitioned the court.

Notice to Creditors and Beneficiaries 

Just as in other probate cases, potential beneficiaries and creditors must be notified of the death. The personal representative must publish a notice in a local newspaper circulated in the same county the deceased lived at the time of their death. Any legitimate debts must be paid to creditors before any property in the estate can be distributed.

Inventory of Assets 

The personal representative must also locate, inventory, and secure all assets within the estate. This can include bank accounts, real estate, personal property, and other items of value. It is also important to locate digital assets such as cryptocurrency and social media profiles.

The Search for Heirs 

To ensure that an estate has no beneficiaries, a search for heirs may sometimes occur. These searches sometimes involve genealogical research to locate distant relatives who may have an interest in the estate.

Unclaimed Property in Estates 

When heirs still cannot be located after a reasonable search has been conducted, the assets in the estate will eventually transfer to the state, representing the final disposition of any property that has not been claimed. Even after the escheat process, legitimate heirs who may still have rights to the property may be able to come forward to claim it. In these situations, there are specific deadlines and requirements heirs must follow.

Our Probate Administration Lawyer in St. Petersburg for Legal Help 

Going through the probate process is always somewhat complex but it becomes particularly challenging when an estate has no known heirs. At Legacy Protection Lawyers, LLP, our St. Petersburg probate administration lawyer has the knowledge and expertise to help you through this situation and make it as easy as possible for you. Call us today at 727-471-5868 or contact us online to schedule a consultation and to get the legal advice you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.107.html