Florida Probate Rule 5.386
Escheat
Amended Oct. 1, 2026See what changed
- (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 must institute a proceeding to determine beneficiaries within 1 year after letters have been issued to the personal representative, and notice must 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 must 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 provided in this rule, escheated estates are administered as other estates.
Notes
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
- New rule.
- 1992
- Editorial change. Committee notes revised. Citation form changes in committee notes.
- 2003
- Committee notes revised.
- 2012
- Committee notes revised.
- 2026
- Committee notes revised.
References
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.