|
|
The 2024 Florida Statutes
(including 2025 Special Session C)
|
|
|
|
|
F.S. 733.816733.816 Disposition of unclaimed property held by personal representatives.—(1) In all cases in which there is unclaimed property in the hands of a personal representative that cannot be distributed or paid because of the inability to find the lawful owner or because no lawful owner is known or because the lawful owner refuses to accept the property after a reasonable attempt to distribute it and after notice to that lawful owner, the court shall order the personal representative to sell the property and deposit the proceeds and cash already in hand, after retaining those amounts provided for in subsection (4), with the clerk and receive a receipt, and the clerk shall deposit the funds in the registry of the court to be disposed of as follows:(a) If the value of the funds is $500 or less, the clerk shall post a notice for 30 days at the courthouse door giving the amount involved, the name of the personal representative, and the other pertinent information that will put interested persons on notice. (b) If the value of the funds is over $500, the clerk shall publish the notice once a month for 2 consecutive months in a newspaper of general circulation in the county. After the expiration of 6 months from the posting or first publication, the clerk shall deposit the funds with the Chief Financial Officer after deducting the clerk’s fees and the costs of publication. (2) Upon receipt of the funds, the Chief Financial Officer shall deposit them to the credit of the State School Fund, to become a part of the school fund. All interest and all income that may accrue from the money while so deposited shall belong to the fund. The funds so deposited shall constitute and be a permanent appropriation for payments by the Chief Financial Officer in obedience to court orders entered as provided by subsection (3). (3) Within 10 years from the date of deposit with the Chief Financial Officer, on written petition to the court that directed the deposit of the funds and informal notice to the Department of Legal Affairs, and after proof of entitlement, any person entitled to the funds before or after payment to the Chief Financial Officer and deposit as provided by subsection (1) may obtain a court order directing the payment of the funds to that person. All funds deposited with the Chief Financial Officer and not claimed within 10 years from the date of deposit shall escheat to the state for the benefit of the State School Fund. (4) The personal representative depositing assets with the clerk is permitted to retain from the funds a sufficient amount to pay final costs of administration chargeable to the assets accruing between the deposit of the funds with the clerk of the court and the order of discharge. Any funds so retained which are surplus shall be deposited with the clerk prior to discharge of the personal representative. (5)(a) If a person entitled to the funds assigns the right to receive payment or part payment to an attorney 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 or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney or private investigative agency in a financial institution located in this state and authorized to accept these deposits. (c) Distribution by the attorney or private investigative agency to the person entitled to the funds 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 funds distributed pursuant to this subsection, provided the distribution is made in good faith. History.—s. 1, ch. 74-106; s. 95, ch. 75-220; s. 6, ch. 85-79; s. 5, ch. 89-291; s. 10, ch. 89-299; s. 21, ch. 95-401; s. 1025, ch. 97-102; s. 166, ch. 2001-226; s. 1897, ch. 2003-261. Note.—Created from former s. 734.221.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 733.816
Total Results: 11
529 So. 2d 281, 1988 WL 65002
Supreme Court of Florida | Filed: Jun 16, 1988 | Docket: 432161
Cited 7 times | Published
Probate Code including, but
not limited to, Section 733.816, Florida Statutes (1985), and in
violation
244 So. 3d 343
District Court of Appeal of Florida | Filed: Apr 17, 2018 | Docket: 6365062
Published
the Attorney General’s Office as required by section 733.816(3),
Florida Statutes, which did not file any
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
Limitations on claims against estates.
*586 § 733.816, Fla. Stat. Disposition of unclaimed property
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
indicated that the ruling was pursuant to section 733.816, Florida Statutes (1999), which governs the
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
Stat. Limitations on claims against estates.
§ 733.816, Fla. Stat. Disposition of unclaimed property
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
Stat. Limitations on claims against estates.
§ 733.816, Fla. Stat. Disposition of unclaimed property
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
Limitations against unad-ministered estates.
F.S. 733.816 Disposition of unclaimed property held by personal
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
Limitations against unad-ministered estates.
F.S. 733.816 Disposition of unclaimed property held by personal
529 So. 2d 281, 13 Fla. L. Weekly 395, 1988 Fla. LEXIS 720
Supreme Court of Florida | Filed: Jun 16, 1988 | Docket: 64636304
Published
Probate Code including, but not limited to, Section 733.816, Florida Statutes (1985), and in violation
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
registry of the court and disposed of pursuant to section 733.816, Florida Statutes (1985). Southeast deposited
387 So. 2d 487, 1980 Fla. App. LEXIS 16990
District Court of Appeal of Florida | Filed: Aug 20, 1980 | Docket: 1355819
Published
court and disposed of pursuant to the terms of Section 733.816, Florida Statutes (1977).[1] From this order
