What Happens After the 90-Day Waiting Period for an Unclaimed Property Claim in Florida? | Florida Probate | FastCounsel
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What Happens After the 90-Day Waiting Period for an Unclaimed Property Claim in Florida?

What happens after the 90-day waiting period for an unclaimed property claim? - Florida

The Short Answer

In Florida, a “90-day waiting period” usually applies to lost or abandoned tangible property held by law enforcement or a public agency—not to Florida’s unclaimed property claims process. After that 90-day custodial period, title can vest in the finder (or the government entity) if the required notices were properly given and no rightful owner or lienholder claims it.

Why You Should Speak with an Attorney

Even when a “waiting period” sounds straightforward, the outcome often turns on details that can make or break a claim. Legal outcomes often depend on:

  • Strict Deadlines: The 90-day period in Chapter 705 can be outcome-determinative for tangible property, and other property types have different time rules (for example, Chapter 717 dormancy periods vary by property type).
  • Burden of Proof: You may need to prove you are the rightful owner (or legally authorized representative), which can be complicated if names/addresses don’t match, the owner is deceased, or records are incomplete.
  • Exceptions: The rules differ depending on whether the property is tangible vs. intangible, held by a private “holder” vs. a public agency, or tied to an estate/probate issue.

If the property relates to a deceased person, probate issues can overlap with unclaimed property—especially when someone must prove authority to act for the estate. Related reading: What Is a Surplus Funds Case 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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.