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Florida Statute 732.107 | Lawyer Caselaw & Research
F.S. 732.107 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 732.107

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.107
732.107 Escheat.
(1) When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state.
(2) Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund.
(3) At any time within 10 years after the payment to the Chief Financial Officer, a person claiming to be entitled to the proceeds may reopen the administration to assert entitlement to the proceeds. If no claim is timely asserted, the state’s rights to the proceeds shall become absolute.
(4) The Department of Legal Affairs shall represent the state in all proceedings concerning escheated estates.
(5)(a) If a person entitled to the proceeds assigns the rights to receive payment to an attorney, Florida-certified public accountant, or private investigative agency which is duly licensed to do business in this state pursuant to a written agreement with that person, the Department of Financial Services is authorized to make distribution in accordance with the assignment.
(b) Payments made to an attorney, Florida-certified public accountant, or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney, Florida-certified public accountant, or private investigative agency in a financial institution authorized to accept such deposits and located in this state.
(c) Distribution by the attorney, Florida-certified public accountant, or private investigative agency to the person entitled to the proceeds shall be made within 10 days following final credit of the deposit into the trust or escrow account at the financial institution, unless a party to the agreement protests the distribution in writing before it is made.
(d) The department shall not be civilly or criminally liable for any proceeds distributed pursuant to this subsection, provided such distribution is made in good faith.
History.s. 1, ch. 74-106; s. 10, ch. 75-220; s. 4, ch. 89-291; s. 9, ch. 89-299; s. 953, ch. 97-102; s. 32, ch. 2001-36; s. 17, ch. 2001-226; s. 1896, ch. 2003-261.
Note.Created from former s. 731.33.

F.S. 732.107 on Google Scholar

F.S. 732.107 on Casetext

Amendments to 732.107


Arrestable Offenses / Crimes under Fla. Stat. 732.107
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.107.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CHOICE PLUS, LLC, v. DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF UNCLAIMED PROPERTY, 244 So. 3d 343 (Fla. App. Ct. 2018)

. . . The probate court ordered "[t]hat under [ section 732.107, Florida Statutes (2007) ] the assets of the . . . Per section 732.107(2), Mrs. . . . Rigley died intestate, her estate "escheated" to the State. § 732.107(1), Fla. . . . We regard the section 732.107 funds here in the same manner. . . . the section 732.107 funds are never referred to as "unclaimed." . . .

In ORDER DIRECTING PAYMENT OF v., 136 So. 3d 1248 (Fla. Dist. Ct. App. 2014)

. . . regulation applicable to section 43.19 states: (1) Petitions for funds held pursuant to Section 43.19, 732.107 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. . . .

In ESTATE OF FASKOWITZ, a k a v. L. f k a L. a k a, 941 So. 2d 390 (Fla. Dist. Ct. App. 2006)

. . . specific provisions of the Florida Probate Code governing the es-cheat of estate property — sections 732.107 . . . Section 732.107(1) simply provides that “[w]hen a person leaving an estate dies without being survived . . . Accordingly, the predicate for the operation of 732.107(1)— that “a person leaving an estate [has] die . . . Section 732.107(1) was amended by chapters 2001-36, § 32, and 2001-226, § 17, Laws of Florida. . . . The amended version of section 732.107(1) provides: “When a person dies leaving an estate without being . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 732.107, Fla. Stat. Escheat. § 732.21235, Fla. Stat. . . . Committee Notes This rule represents a rule implementation of the procedure formerly found in section 732.107 . . . Statutory References § 732.107, Fla. Stat. Escheat. § 733.105, Fla. Stat. . . .

WEIMER H. F. v. WOLF, 641 So. 2d 480 (Fla. Dist. Ct. App. 1994)

. . . . § 732.107, Fla.Stat. (1981). . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Notice; method and time; proof. 732.107, Fla.Stat. Escheat. 732.212, Fla.Stat. . . . Committee Notes This rule represents a rule implementation of the procedure found in R§ion 732.107 . . . Statutory References ⅜⅜⅛ 732.107, Fla.Stat. Escheat. § 733.105, Fla.Stat. . . .

IN RE ESTATE OF HAGMAN, 46 Fla. Supp. 2d 146 (Fla. Cir. Ct. 1991)

. . . Pursuant to § 732.107 Florida Statutes, the liquid assets of the estate, totaling $81,309.51, escheated . . . Section 732.107(4) provides that: (4) At any time within 10 years after the granting of letters, a person . . . escheated estate assets of $81,309.51, plus interest at the legal rate, pursuant to Florida Statute §732.107 . . .

E. WADSWORTH, III, v. FIRST UNION NATIONAL BANK OF FLORIDA,, 564 So. 2d 634 (Fla. Dist. Ct. App. 1990)

. . . undevised property of one dying without heirs passing to the state by the doctrine of escheat (section 732.107 . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 732.107 Escheat. F.S. 732.212 Time of election. F.S. 732.402 Exempt property. . . . Committee Notes This rule represents a rule implementation of the procedure found in F.S. 732.107. . . . Statutory Reference F.S. 732.107 Escheat. RULE 5.390. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 732.107 Escheat. F.S. 732.212 Time of election. F.S. 732.402 Exempt property. . . . Committee Notes This rule represents a rule implementation of the procedure found in F.S. 732.107. . . . Statutory Reference F.S. 732.107 Escheat. Committee Vote: Unanimous RULE 5.390. . . .

P. SANDO, v. STATE N. A., 512 So. 2d 329 (Fla. Dist. Ct. App. 1987)

. . . Section 732.107(4), Florida Statutes (1985), provides: (4) At any time within 10 years after the granting . . . property after an estate is closed, and (3) whether the proceeding is pursuant to section 733.816 or 732.107 . . .

C. VILDIBILL, v. JOHNSON, AAA Co., 802 F.2d 1347 (11th Cir. 1986)

. . . many such situations the monetary damages would ultimately escheat to the state pursuant to section 732.107 . . .

C. VILDIBILL, v. JOHNSON,, 492 So. 2d 1047 (Fla. 1986)

. . . many such situations the monetary damages would ultimately escheat to the state pursuant to section 732.107 . . .

In ESTATE I. RUSSELL,, 387 So. 2d 487 (Fla. Dist. Ct. App. 1980)

. . . . § 732.107, Fla. Stat.; Johnson v. Wilson, 48 Fla. 76, 37 So. 179 (1904). . . .