The Short Answer

In Florida, you can search for and claim many types of unclaimed assets (like dormant bank accounts, uncashed checks, insurance proceeds, and safe-deposit box contents) through the state’s unclaimed property system—often even when the owner has died. However, whether you can successfully claim the property (and whether probate is required) depends on who is legally authorized to act for the estate and what documentation the state requires.

What Florida Law Says

Florida’s unclaimed property laws require businesses and other “holders” (such as banks and insurance companies) to report certain property that is presumed unclaimed and transfer it to the Florida Department of Financial Services. Once the property is in state custody, eligible claimants (including estates and heirs in appropriate cases) can submit a claim for return of the property.

The Statute

The primary law governing this issue is Fla. Stat. § 717.117.

This statute establishes that holders of property presumed unclaimed must file a report with the Department (including identifying information about the apparent owner and the property), and it also reflects that owners (or those legally entitled to act for them) may later file claims after the property is turned over to the state.

If your situation involves estate funds that could not be distributed during probate (for example, a missing beneficiary), Florida probate law may also come into play. In those cases, the personal representative may be required to deposit certain unclaimed estate property as directed by the probate court under Fla. Stat. § 733.816.

For a deeper discussion, you may also want to read: How Can Heirs Find and Claim a Deceased Relative’s Unclaimed Property in Florida?

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to a deceased relative’s assets is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: In some probate-related unclaimed-funds situations, there can be time limits tied to court deposits and escheat rules (for example, the 10-year framework referenced in Fla. Stat. § 733.816).
• Burden of Proof: The state (or a financial institution) may require proof of death, proof of identity, and proof you have legal authority to receive the funds (for example, letters of administration, a court order, or documentation establishing heirship).
• Exceptions and Authority Issues: Whether an heir can claim directly, or whether only a court-appointed personal representative can claim on behalf of the estate, can vary based on the asset type, dollar amount, and whether a Florida probate case is (or should be) opened or reopened.

Trying to handle this alone can lead to delays, denials, or disputes among family members—especially when the deceased lived in another state, owned property in multiple states, or the estate was never formally administered.

Get Connected with a Florida Attorney

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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.