Understanding Who Owns a Deceased Grandparent’s Property and How to Find the Rightful Heirs in Florida

Short answer: Start by locating a will, then search county public records for deeds and probate filings, and contact the county clerk’s probate division. If there is no will, Florida’s intestacy rules (Chapter 732) and the probate process (Chapters 733 and 735) determine who inherits. Many assets can pass outside probate (joint tenancy, trusts, beneficiary designations, or transfer-on-death instruments), so a title search and review of account paperwork are essential.

Detailed answer — step-by-step approach under Florida law

1. Confirm the death and get certified death certificates

Before doing anything else, obtain several certified copies of the death certificate from the Florida Department of Health or the funeral home. Many institutions (banks, county offices, title companies) require an official death certificate to release information or transfer assets.

2. Look for a will or trust

Ask family members and the decedent’s attorney (if known) whether a will or trust exists.
Search the decedent’s important papers, safe deposit box, or secure online records for estate documents.
If someone already opened probate, the county circuit court clerk will have filings and will copies.

3. Check whether assets pass outside probate

Not all property goes through probate. Common non‑probate transfers include:

Joint tenancy or tenancy by the entirety (property automatically passes to surviving co-owner)
Designated beneficiaries on bank accounts, retirement plans, annuities, or life insurance
Assets held in a revocable trust (trust assets pass to beneficiaries named in the trust)
Transfer-on-death or beneficiary deed (if used in the county)

To check these, examine account statements, the title to real estate, and trust documents. If property was held jointly, the deed will show the co-owner arrangement; the county clerk/recorder or property appraiser can confirm the deed language.

4. Search public records for real estate title and probate filings

Contact the county property appraiser or visit their website and search by the decedent’s name to find real property and parcel records.
Search the county clerk or recorder’s official records for recorded deeds, deeds with survivorship language, and any recorded transfer-on-death instruments.
Search the circuit court clerk’s probate records in the county where the grandparent lived to see whether a probate case has been opened and whether a personal representative (executor/administrator) has been appointed.

5. If there’s no will, Florida’s intestacy rules determine heirs

When someone dies intestate (without a valid will), Florida law (Chapter 732) sets the order of who inherits. General rules include:

Surviving spouse and descendants (children, grandchildren) are primary heirs.
If there is no spouse or descendants, parents, siblings, and more distant relatives may inherit.

These rules are detailed and contain exceptions (for example, depending on whether descendants are also descendants of the surviving spouse). See Florida’s intestacy statutes for the precise order and definitions: Florida Statutes, Chapter 732 (Intestate Succession).

6. Start probate or use summary administration when appropriate

If probate is required, someone (usually the personal representative named in a will, or an interested person if there’s no will) files a petition with the circuit court in the county where the decedent lived. The court will appoint a personal representative, who will collect assets, pay debts and taxes, and distribute remaining assets.

Florida provides a streamlined option called summary administration for small estates (for estates valued under a statutory threshold or when the decedent has been dead more than two years). For details see the statute on summary administration: Fla. Stat. § 735.201 (Summary Administration) and the probate chapter: Florida Statutes, Chapter 733 (Administration of Decedents’ Estates).

7. Special rules you should know (homestead, survivorship, and trusts)

Homestead property has special protections under Florida law. If the decedent owned homestead, distribution rules can be different and may limit how the property is passed. See the Florida Constitution for homestead protections and consult the probate court for how they apply.
Property owned as tenants by entirety (between spouses) passes to the surviving spouse automatically and does not become part of the probate estate.
Trust assets generally bypass probate and go to the named beneficiaries under the trust document.

8. If heirs are unknown or missing

If you cannot locate heirs, the personal representative or someone interested in the estate can ask the court for help. The court can order notice by publication, allow hiring a private investigator, or appoint a guardian ad litem in complex cases. If no heirs are found after proper notice, property may ultimately escheat to the state under specific procedures.

Practical checklist — documents to gather right away

Certified death certificate (multiple copies)
Any will or trust documents
Real estate deeds and mortgage papers
Bank, investment, and retirement account statements
Life insurance policies and beneficiary designations
Marriage certificates, birth certificates, and adoption records (to prove family relationships)
Recent tax returns and bills (property tax, utilities)

When to get professional help

Consider hiring a probate attorney or a title company if you face any of the following:

Conflicting claims about who owns property
Homestead or other special-title issues
Complex assets (business interests, out-of-state property, trusts)
Missing or unknown heirs
Potential creditor claims or estate taxes

Helpful hints

Start by asking family and the decedent’s known attorney — wills are often kept where they were prepared.
Search county property appraiser and clerk/recorder websites by the decedent’s name to find real-estate parcels and recorded deeds.
Check bank statements and safe deposit boxes for beneficiary designations and estate documents.
If a property deed lists multiple owners with right of survivorship or tenancy by the entirety, that typically controls ownership outside probate.
Use the county circuit court clerk’s online records to see if a probate case exists — that will identify the personal representative and the file number to obtain documents.
Keep careful records of your search efforts, notices sent, and documents gathered — the court will expect evidence of proper notice to heirs and creditors.
If the estate is relatively small (< statutory threshold), ask the clerk about summary administration under Fla. Stat. § 735.201 to save time and cost: Fla. Stat. § 735.201.
When in doubt about homestead or intestacy distribution, review Chapter 732 of the Florida Statutes: Florida Statutes, Chapter 732.

Important reminder: This article explains general steps and Florida statutes that commonly apply, but it is not legal advice. It does not replace a consultation with a licensed attorney who can evaluate your specific situation and the documents involved. If you need help opening probate, resolving a title issue, or locating heirs, consider contacting an attorney admitted in Florida or the local county clerk’s probate division.