Florida Statute 732.107 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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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 CourtListener

Amendments to 732.107

Annotations, Discussions, Cases:

Cases Citing Statute 732.107

Total Results: 17

Vildibill v. Johnson

492 So. 2d 1047, 11 Fla. L. Weekly 275

Supreme Court of Florida | Filed: Jun 26, 1986 | Docket: 478644

Cited 34 times | Published

ultimately escheat to the state pursuant to section 732.107(1), Florida Statutes (1983). Clearly, the 1981

Wadsworth v. First Union Nat. Bank

564 So. 2d 634, 1990 WL 109473

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1294186

Cited 5 times | Published

passing to the state by the doctrine of escheat (section 732.107(1), Florida Statute), or ultimate heir. [3]

Weimer v. Wolf

641 So. 2d 480, 1994 WL 444750

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 1648592

Cited 2 times | Published

recoveries that escheated to the state of Florida. § 732.107, Fla. Stat. (1981). Second, if read literally

Vildibill v. Johnson

802 F.2d 1347, 1986 U.S. App. LEXIS 32574

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1986 | Docket: 804058

Cited 2 times | Published

ultimately escheat to the state pursuant to section 732.107(1), Florida Statutes (1983). Clearly, the

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

implementation of the procedure formerly found in section 732.107, Florida Statutes. It is not intended to change

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

implementation of the procedure formerly found in section 732.107, Florida Statutes. It is not intended to change

Choice Plus, LLC v. Department of Financial Services, etc.

244 So. 3d 343

District Court of Appeal of Florida | Filed: Apr 17, 2018 | Docket: 6365062

Published

The probate court ordered “[t]hat under [section 732.107, Florida Statutes (2007)] the assets of the

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

Legal holidays. § 731.301, Fla. Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time

Faskowitz v. Department of Legal Affairs

941 So. 2d 390, 2006 Fla. App. LEXIS 4671, 2006 WL 824566

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 64847716

Published

descent set forth in section 732.103(4)(c). Section 732.107(1) simply provides that “[w]hen a person leaving

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

Legal holidays. § 731.301, Fla. Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Fla. Stat. Notice, — method and time; proof. § 732.107, Fla. Stat. Escheat. § 732.21235, Fla. Stat. Time

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

implementation of the procedure found in R§ion 732.107, Florida Statutes. It is not intended to change

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

F.S. 731.301 Notice; method and time; proof. F.S. 732.107 Escheat. F.S. 732.212 Time of election. F.S

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

F.S. 731.301 Notice; method and time; proof. F.S. 732.107 Escheat. F.S. 732.212 Time of election. F.S

Sando v. State

512 So. 2d 329, 12 Fla. L. Weekly 2246, 1987 Fla. App. LEXIS 10240

District Court of Appeal of Florida | Filed: Sep 15, 1987 | Docket: 64629287

Published

property after an estate is closed. We disagree. Section 732.107(4), Florida Statutes (1985), provides: (4)

Vildibill v. Johnson

802 F.2d 1347

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1986 | Docket: 66220689

Published

ultimately escheat to the state pursuant to section 732.107(1), Florida Statutes (1983). Clearly, the 1981

In Re Estate of Russell

387 So. 2d 487, 1980 Fla. App. LEXIS 16990

District Court of Appeal of Florida | Filed: Aug 20, 1980 | Docket: 1355819

Published

should occur only when a decedent leaves no heirs. § 732.107, Fla. Stat.; Johnson v. Wilson, 48 Fla. 76, 37