The Short Answer

In Florida, unclaimed property and certain insurance proceeds can often be collected by the estate’s personal representative—but only if the claim is made the right way and the correct beneficiaries/heirs are identified. If the property is being held by the State of Florida as “unclaimed,” Florida law can restrict an estate’s ability to claim it until the rightful heir or legatee is located.

What Florida Law Says

Two different legal tracks often apply: (1) assets being held by the Florida Department of Financial Services under Florida’s unclaimed property laws, and (2) insurance proceeds that are payable to the estate (or that require estate authority before a company will release them). In either situation, the personal representative’s job is to identify the asset, prove legal authority to act for the estate, and ensure the funds are ultimately distributed to the correct people under the will or Florida intestacy law.

The Statute

The primary law governing estate claims for unclaimed property is Fla. Stat. § 717.12405.

This statute establishes 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 warns that an estate representative who receives unclaimed property before locating the rightful heir/legatee can be personally liable and may have to return it.

Why You Should Speak with an Attorney

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

• Strict Deadlines: Florida probate has hard claim-bar rules that can affect what the estate can pay and when it can close. For example, many claims against an estate are cut off 2 years after death under Fla. Stat. § 733.710.
• Burden of Proof: The state (or an insurer) may require documentation showing (a) who is legally entitled, and (b) that you have authority to act for the estate—especially if there are multiple heirs, a missing beneficiary, or an unclear beneficiary designation.
• Exceptions and “where the money is held” issues: If the personal representative is holding funds that can’t be distributed because an owner can’t be found, Florida has a specific court-registry process under Fla. Stat. § 733.816. If the funds are already with the Department as unclaimed property, the claim generally must go through the Department’s process (and court orders can create fee-shifting risk under Fla. Stat. § 717.1242).

Trying to handle this alone can lead to delays, rejected claims, or worse—personal liability if funds are paid out before the correct heir/legatee is identified. A Florida probate attorney can confirm whether probate is required, determine who is legally entitled, and coordinate the unclaimed property/insurance documentation so the estate can collect and distribute funds safely.

If you’d like more background reading, these may help: finding and claiming a deceased relative’s unclaimed property in Florida and whether life insurance proceeds must go into the estate account.

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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.