The Short Answer

In Florida, heirs can often claim a deceased relative’s unclaimed property through the Florida Department of Financial Services, but the state generally requires proof of entitlement (and sometimes probate authority) before it will release funds. If the total unclaimed property is small and no probate is pending, Florida law may allow a simplified claim with a signed affidavit from all beneficiaries.

What Florida Law Says

Florida treats “unclaimed property” (like dormant bank accounts, uncashed checks, stocks, and other assets) under the Florida Disposition of Unclaimed Property Act. When the owner is deceased, the key legal issue is who has legal authority to claim (an heir/beneficiary directly, or a personal representative of the estate) and whether the claim qualifies for a small-estate exception.

The Statute

The primary law governing heirs’ smaller, no-probate claims is Fla. Stat. § 717.1243.

This statute establishes that a beneficiary of a deceased owner may be able to claim unclaimed property without a probate court order if (among other requirements) all beneficiaries sign an affidavit, the estate’s lawful claims/expenses have been paid, no probate is pending, and the aggregate value held by the state is $20,000 or less.

Florida also places limits on when an estate representative can claim property: Fla. Stat. § 717.12405 provides that an estate (or someone acting for the estate) may claim unclaimed property only after the heir or legatee entitled to the property has been located, and it can create personal liability if property is received before the right person is identified.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your family situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: In some probate-related unclaimed-funds situations, Florida law can impose a 10-year limit before funds escheat to the state (for example, certain funds deposited with the Chief Financial Officer under probate administration procedures). See Fla. Stat. § 733.816(3).
• Burden of Proof: The claimant must prove entitlement, and “same name” alone is not enough in a dispute. See Fla. Stat. § 717.126(1).
• Exceptions and Risk of Personal Liability: The small-estate affidavit route under § 717.1243 can be powerful, but it also comes with potential personal liability for lawful claims against the estate (limited to the value received). And if there’s disagreement among heirs, missing heirs, a will contest issue, or a pending/proper probate administration, the “simple” route may not apply.

Trying to handle this alone can lead to delays, denials, family conflict, or a claim being filed in the wrong capacity (heir vs. estate representative). A probate attorney can quickly determine whether you need a formal probate, whether you qualify for the small-estate affidavit approach, and what documentation is most persuasive for the Department.

If you want more background on related Florida probate recovery issues, you may find these helpful: finding and claiming uncollected life insurance benefits in Florida and what happens after the 90-day waiting period for an unclaimed property claim in Florida.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.