Escheat

What Is Escheat?

When a Florida property owner dies, their estate passes to their beneficiaries (if they left a will) or to their heirs under Florida's intestacy statutes (if they did not). But what happens when there is no will AND no identifiable heirs? The property has nowhere to go.

Escheat is the legal safety net. Under Florida Statute 732.107, when a decedent leaves no surviving spouse, descendants, parents, siblings, or other statutory heirs, the estate "escheats" to the State of Florida.

The Process

1. Probate Court — The estate goes through probate like any other estate. The personal representative administers the estate, pays creditors, and attempts to locate heirs.
2. Heir Search — The court may order a diligent search for heirs, including publishing notices in newspapers and hiring genealogical researchers.
3. No Heirs Found — If after exhaustive searching no heirs are identified, the court enters an order of escheat.
4. State Takes Title — The property passes to the State of Florida. For real estate, the state becomes the titled owner and can sell, develop, or hold the property.

Unclaimed Property

Escheat also applies to unclaimed financial assets. Under the Florida Disposition of Unclaimed Property Act (Chapter 717), bank accounts, uncashed checks, insurance proceeds, and other financial assets that remain unclaimed for 5 years are turned over to the Florida Department of Financial Services. The rightful owner can claim the funds at any time; there is no time limit.

Related Terms

• Probate — The court process that precedes escheat
• Decedent — The deceased person whose estate may escheat
• Estate — The total assets subject to escheat

Barnes Walker Estate Administration

Barnes Walker's probate attorneys conduct thorough heir searches to prevent unnecessary escheat of Florida estates, locating distant relatives and ensuring our clients' assets pass to their rightful family members rather than defaulting to the state. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC