FL · rules
Fla. Prob. R. 5.386
Escheat
(a) Escheat Proceeding. If it appears to the personal
representative that an estate may escheat or there is doubt about
the existence of any person entitled to the estate, the personal
representative shall institute a proceeding to determine
beneficiaries within 1 year after letters have been issued to the
personal representative, and notice shall be served on the
Department of Legal Affairs. If the personal representative fails to
institute the proceeding within the time fixed, it may be instituted
by the Department of Legal Affairs.
(b) Court’s Report. On or before January 15 of each year,
each court shall furnish to the Department of Legal Affairs a list of
all estates being administered in which no person appears to be
entitled to the property and the personal representative has not
instituted a proceeding for the determination of beneficiaries.
(c) Administration. Except as herein provided, escheated
estates shall be administered as other estates.
History
Committee Notes This rule represents a rule implementation of the procedure formerly found in section 732.107, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 732.107, Fla. Stat. Escheat. § 733.105, Fla. Stat. Determination of beneficiaries. § 733.816, Fla. Stat. Disposition of unclaimed property held by personal representatives. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.385 Determination of beneficiaries and shares. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
e81e6456dbafafc95183a4999981275d51de2b5275fd4c89412ef7318ca256be
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