Florida Statute 732.107 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.107

732.107 Escheat.—

(1) When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state.

(2) Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund.

(3) At any time within 10 years after the payment to the Chief Financial Officer, a person claiming to be entitled to the proceeds may reopen the administration to assert entitlement to the proceeds. If no claim is timely asserted, the state’s rights to the proceeds shall become absolute.

(4) The Department of Legal Affairs shall represent the state in all proceedings concerning escheated estates.

(5)(a) If a person entitled to the proceeds assigns the rights to receive payment to an attorney, Florida-certified public accountant, or private investigative agency which is duly licensed to do business in this state pursuant to a written agreement with that person, the Department of Financial Services is authorized to make distribution in accordance with the assignment.

(b) Payments made to an attorney, Florida-certified public accountant, or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney, Florida-certified public accountant, or private investigative agency in a financial institution authorized to accept such deposits and located in this state.

(c) Distribution by the attorney, Florida-certified public accountant, or private investigative agency to the person entitled to the proceeds shall be made within 10 days following final credit of the deposit into the trust or escrow account at the financial institution, unless a party to the agreement protests the distribution in writing before it is made.

(d) The department shall not be civilly or criminally liable for any proceeds distributed pursuant to this subsection, provided such distribution is made in good faith.

History.—s. 1, ch. 74-106; s. 10, ch. 75-220; s. 4, ch. 89-291; s. 9, ch. 89-299; s. 953, ch. 97-102; s. 32, ch. 2001-36; s. 17, ch. 2001-226; s. 1896, ch. 2003-261.

Note.—Created from former s. 731.33.

F.S. 732.107 on Google Scholar

F.S. 732.107 on Casetext

Amendments to 732.107

Arrestable Offenses / Crimes under Fla. Stat. 732.107

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.107.

Annotations, Discussions, Cases:

Cases Citing Statute 732.107

Total Results: 18

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: implementation of the procedure formerly found in section 732.107, Florida Statutes. It is not intended to change

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: implementation of the procedure formerly found in section 732.107, Florida Statutes. It is not intended to change

Choice Plus, LLC v. Department of Financial Services, etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-04-17

Citation: 244 So. 3d 343

Snippet: The probate court ordered “[t]hat under [section 732.107, Florida Statutes (2007)] the assets of the estate

Crescenzo v. Atwater

Court: District Court of Appeal of Florida | Date Filed: 2014-04-23

Citation: 136 So. 3d 1248, 2014 WL 1613401, 2014 Fla. App. LEXIS 5866

Snippet: Petitions for funds held pursuant to Section 43.19, 732.107, 733.816 or 744.534, F.S., are to be filed initially

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: Legal holidays. § 731.301, Fla. Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time

Faskowitz v. Department of Legal Affairs

Court: District Court of Appeal of Florida | Date Filed: 2006-03-31

Citation: 941 So. 2d 390, 2006 Fla. App. LEXIS 4671, 2006 WL 824566

Snippet: the es-*393cheat of estate property — sections 732.107 and 733.816 — do not in any way displace the rule

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2005-09-29

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Snippet: Legal holidays. § 731.301, Fla. Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: Fla. Stat. Notice, — method and time; proof. § 732.107, Fla. Stat. Escheat. § 732.21235, Fla. Stat. Time

Weimer v. Wolf

Court: District Court of Appeal of Florida | Date Filed: 1994-08-19

Citation: 641 So. 2d 480, 1994 WL 444750

Snippet: recoveries that escheated to the state of Florida. § 732.107, Fla. Stat. (1981). Second, if read literally,

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: 301, Fla.Stat. Notice; method and time; proof. 732.107, Fla.Stat. Escheat. 732.212, Fla.Stat. Time of

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-05-14

Snippet: personal property without administration; and s.732.107, F.S., providing that if a person leaving an estate

Wadsworth v. First Union Nat. Bank

Court: District Court of Appeal of Florida | Date Filed: 1990-08-02

Citation: 564 So. 2d 634

Snippet: the state by the doctrine of escheat (section 732.107(1), Florida Statute), or ultimate heir. [3] This

Standard Guar. Ins. Co. v. Quanstrom

Court: Supreme Court of Florida | Date Filed: 1990-01-11

Citation: 555 So. 2d 828, 1990 WL 3840

Snippet: market approach could apply in practice. Id. at 732, 107 S.Ct. at 3090. She determined that Congress "did

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Snippet: 731.301 Notice; method and time; proof. F.S. 732.107 Escheat. F.S. 732.212 Time of election. F.S. 732

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Snippet: 731.301 Notice; method and time; proof. F.S. 732.107 Escheat. F.S. 732.212 Time of election. F.S. 732

Sando v. State

Court: District Court of Appeal of Florida | Date Filed: 1987-09-15

Citation: 512 So. 2d 329, 12 Fla. L. Weekly 2246, 1987 Fla. App. LEXIS 10240

Snippet: after an estate is closed. We disagree. Section 732.107(4), Florida Statutes (1985), provides: (4) At any

Vildibill v. Johnson

Court: Supreme Court of Florida | Date Filed: 1986-06-26

Citation: 492 So. 2d 1047, 11 Fla. L. Weekly 275

Snippet: ultimately escheat to the state pursuant to section 732.107(1), Florida Statutes (1983). Clearly, the 1981

In Re Estate of Russell

Court: District Court of Appeal of Florida | Date Filed: 1980-08-20

Citation: 387 So. 2d 487, 1980 Fla. App. LEXIS 16990

Snippet: occur only when a decedent leaves no heirs. § 732.107, Fla. Stat.; Johnson v. Wilson, 48 Fla. 76, 37