The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.816

733.816 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.

F.S. 733.816 on Google Scholar

F.S. 733.816 on Casetext

Amendments to 733.816

Arrestable Offenses / Crimes under Fla. Stat. 733.816

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.816.

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)

. . . probate proceedings; however, Choice Plus did notice the Attorney General's Office as required by section 733.816 . . . Financial Officer, including, but not limited to, property reported pursuant to ss. 43.19, 45.032, 732.107, 733.816 . . .

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

. . . applicable to section 43.19 states: (1) Petitions for funds held pursuant to Section 43.19, 732.107, 733.816 . . .

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

. . . . § 733.816, 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)

. . . The order indicated that the ruling was pursuant to section 733.816, Florida Statutes (1999), which governs . . . remaining one-half of the property was to be held by the clerk of court in accordance with section 733.816 . . . directing that one-half of the property of the estate be held by the clerk in accordance with section 733.816 . . . Similarly, the provisions of section 733.816 concerning the disposition of unclaimed property held by . . . reverse the portion of the trial court’s order providing for disposition in accordance with section 733.816 . . .

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

. . . . § 733.816, Fla. Stat. Disposition of unclaimed property held by personal representatives. . . .

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

. . . . § 733.816, Fla. Stat. Disposition of unclaimed property held by personal representatives. . . . Determination of beneficiaries. § 733.816, Fla. Stat. . . .

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

. . . Limitations against unadministered on claims against estates. 733.816, Fla.Stat. . . . Determination of beneficiaries. $ 733.816, Fla.Stat. . . .

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

. . . F.S. 733.816 Disposition of unclaimed property held by personal representatives. . . .

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

. . . F.S. 733.816 Disposition of unclaimed property held by personal representatives. . . .

In a E. STURGIS, Jr., 529 So. 2d 281 (Fla. 1988)

. . . contravention of numerous provisions of the Florida Probate Code including, but not limited to, Section 733.816 . . .

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

. . . plus accrued interest be deposited in the registry of the court and disposed of pursuant to section 733.816 . . . even if the evidence was sufficient, the court properly refused to reopen the estate because section 733.816 . . . Section 733.816, Florida Statutes (1985), provides another vehicle for asserting rights to unclaimed . . . to the funds in an evidentiary hearing, and obtain a court order directing the depositary to pay. § 733.816 . . . (1) on the petition presented the appellant was entitled to a full evidentiary hearing, (2) section 733.816 . . .

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

. . . the estate be paid to the clerk of the circuit court and disposed of pursuant to the terms of Section 733.816 . . . Moreover, Section 733.816 clearly contemplates the inability to locate the beneficiary. . . . OTT, J., concurs specially with opinion. . 733.816 Disposition of unclaimed funds held by personal representatives . . . I am forced to concede that the literal thrust of Section 733.816, Florida Statutes, gives the state . . . The theory behind Section 733.816 seems to be that in the absence of contrary proof it must be presumed . . .