December 11, 2019
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The Florida Statutes

The 2001 Florida Statutes

Title XLII
Estates And Trusts
Chapter 732
Probate Code: Intestate Succession And Wills
View Entire Chapter
Section 732.107, Florida Statutes 2001

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 Treasurer of the state and deposited in the State School Fund.

(3)  At any time within 10 years after the payment to the Treasurer, 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 Banking and Finance 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.

Note.--Created from former s. 731.33.

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