Florida Probate Rule 5.386
RULE 5.386. ESCHEAT
(a) Escheat Proceeding. If it appears to the personal
representative that an estate may escheat or there is doubt about
the existence of any person entitled to the estate, the personal
representative shall institute a proceeding to determine
beneficiaries within 1 year after letters have been issued to the
personal representative, and notice shall be served on the
Department of Legal Affairs. If the personal representative fails to
institute the proceeding within the time fixed, it may be instituted
by the Department of Legal Affairs.
(b) Court’s Report. On or before January 15 of each year,
each court shall furnish to the Department of Legal Affairs a list of
all estates being administered in which no person appears to be
entitled to the property and the personal representative has not
instituted a proceeding for the determination of beneficiaries.
(c) Administration. Except as herein provided, escheated
estates shall be administered as other estates.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 732.107, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
1988 Revision: New rule.
1992 Revision: Editorial change. Committee notes revised.
Citation form changes in committee notes.
2003 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
Statutory References
§ 732.107, Fla. Stat. Escheat.
§ 733.105, Fla. Stat. Determination of beneficiaries.
§ 733.816, Fla. Stat. Disposition of unclaimed property held by
personal representatives.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.385 Determination of beneficiaries and shares.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
(a) Escheat Proceeding. If it appears to the personal
representative that an estate may escheat or there is doubt about
the existence of any person entitled to the estate, the personal
representative shall institute a proceeding to determine
beneficiaries within 1 year after letters have been issued to the
personal representative, and notice shall be served on the
Department of Legal Affairs. If the personal representative fails to
institute the proceeding within the time fixed, it may be instituted
by the Department of Legal Affairs.
(b) Court’s Report. On or before January 15 of each year,
each court shall furnish to the Department of Legal Affairs a list of
all estates being administered in which no person appears to be
entitled to the property and the personal representative has not
instituted a proceeding for the determination of beneficiaries.
(c) Administration. Except as herein provided, escheated
estates shall be administered as other estates.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 732.107, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
1988 Revision: New rule.
1992 Revision: Editorial change. Committee notes revised.
Citation form changes in committee notes.
2003 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
Statutory References
§ 732.107, Fla. Stat. Escheat.
§ 733.105, Fla. Stat. Determination of beneficiaries.
§ 733.816, Fla. Stat. Disposition of unclaimed property held by
personal representatives.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.385 Determination of beneficiaries and shares.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.