The Short Answer

In Florida, money left sitting in a deceased person’s bank account does not stay at the bank forever. If no one (such as a court-appointed personal representative) claims or shows interest in the funds within the time allowed by law, the account is generally treated as unclaimed property and is turned over to the State of Florida to hold.

Importantly, “no one claims it” does not necessarily mean the money is gone—it often means the money has moved into Florida’s unclaimed property system, and heirs may still be able to recover it if they can prove entitlement.

What Florida Law Says

Florida has a detailed statutory scheme for property that sits untouched for a long period of time. For bank accounts and other intangible property, the key issue is whether there has been any owner activity or a legally recognized “expression of interest.” If the bank learns the owner has died, Florida law can shorten the dormancy period before the funds are presumed unclaimed—unless an estate fiduciary has shown interest in the account.

The Statute

The primary law governing this issue is Fla. Stat. § 717.102.

This statute establishes that intangible property is presumed unclaimed after a dormancy period (generally 5 years), and if the holder confirms the owner’s death, the property is presumed unclaimed 2 years after the date of death unless an appointed estate fiduciary has expressed interest before that 2-year period expires.

For additional context, Florida also has specific rules for bank deposits becoming presumed unclaimed based on inactivity. See Fla. Stat. § 717.106.

If you’re trying to locate missing accounts or property, you may also find helpful background here: How Do I Find Unclaimed Property or Hidden Assets of a Deceased Relative in Florida?

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the bank confirms death, the dormancy period can be as short as 2 years from the date of death unless a fiduciary for the estate has expressed interest. See Fla. Stat. § 717.102(4).
• Burden of Proof: Banks and the State typically require reliable proof of authority and entitlement (for example, proof you are the personal representative or a legally entitled heir). If the account was payable-on-death (POD) or jointly owned, different rules may apply than if it was solely owned.
• Exceptions and Competing Claims: Family disputes, unknown heirs, creditor issues, and missing estate documents can change whether the funds should pass through probate, go directly to a beneficiary, or be treated as unclaimed property.

Trying to handle this alone can lead to delays, denials, or the wrong person receiving funds—creating avoidable litigation risk.

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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.