Florida Statute 733.816 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.816

733.816 Disposition of unclaimed property held by personal representatives.—

(1) In all cases in which there is unclaimed property in the hands of a personal representative that cannot be distributed or paid because of the inability to find the lawful owner or because no lawful owner is known or because the lawful owner refuses to accept the property after a reasonable attempt to distribute it and after notice to that lawful owner, the court shall order the personal representative to sell the property and deposit the proceeds and cash already in hand, after retaining those amounts provided for in subsection (4), with the clerk and receive a receipt, and the clerk shall deposit the funds in the registry of the court to be disposed of as follows:

(a) If the value of the funds is $500 or less, the clerk shall post a notice for 30 days at the courthouse door giving the amount involved, the name of the personal representative, and the other pertinent information that will put interested persons on notice.

(b) If the value of the funds is over $500, the clerk shall publish the notice once a month for 2 consecutive months in a newspaper of general circulation in the county.

After the expiration of 6 months from the posting or first publication, the clerk shall deposit the funds with the Chief Financial Officer after deducting the clerk’s fees and the costs of publication.

(2) Upon receipt of the funds, the Chief Financial Officer shall deposit them to the credit of the State School Fund, to become a part of the school fund. All interest and all income that may accrue from the money while so deposited shall belong to the fund. The funds so deposited shall constitute and be a permanent appropriation for payments by the Chief Financial Officer in obedience to court orders entered as provided by subsection (3).

(3) Within 10 years from the date of deposit with the Chief Financial Officer, on written petition to the court that directed the deposit of the funds and informal notice to the Department of Legal Affairs, and after proof of entitlement, any person entitled to the funds before or after payment to the Chief Financial Officer and deposit as provided by subsection (1) may obtain a court order directing the payment of the funds to that person. All funds deposited with the Chief Financial Officer and not claimed within 10 years from the date of deposit shall escheat to the state for the benefit of the State School Fund.

(4) The personal representative depositing assets with the clerk is permitted to retain from the funds a sufficient amount to pay final costs of administration chargeable to the assets accruing between the deposit of the funds with the clerk of the court and the order of discharge. Any funds so retained which are surplus shall be deposited with the clerk prior to discharge of the personal representative.

(5)(a) If a person entitled to the funds assigns the right to receive payment or part payment to an attorney 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 or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney or private investigative agency in a financial institution located in this state and authorized to accept these deposits.

(c) Distribution by the attorney or private investigative agency to the person entitled to the funds 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 funds distributed pursuant to this subsection, provided the distribution is made in good faith.

History.—s. 1, ch. 74-106; s. 95, ch. 75-220; s. 6, ch. 85-79; s. 5, ch. 89-291; s. 10, ch. 89-299; s. 21, ch. 95-401; s. 1025, ch. 97-102; s. 166, ch. 2001-226; s. 1897, ch. 2003-261.

Note.—Created from former s. 734.221.

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Amendments to 733.816

Arrestable Offenses / Crimes under Fla. Stat. 733.816

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.816.

Annotations, Discussions, Cases:

Cases Citing Statute 733.816

Total Results: 13

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-17T00:53:00-07:00

Snippet: Attorney General’s Office as required by section 733.816(3), Florida Statutes, which did not file any objections…reported pursuant to ss. 43.19, 45.032, 732.107, 733.816, and 744.534. (Emphasis added.) The plain

Crescenzo v. Atwater

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-23T00:00:00-07:00

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

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

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: Limitations on claims against estates. *586 § 733.816, Fla. Stat. Disposition of unclaimed property held

Faskowitz v. Department of Legal Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-31T00:00:00-08:00

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

Snippet: indicated that the ruling was pursuant to section 733.816, Florida Statutes (1999), which governs the disposition… the clerk of court in accordance with section 733.816 for the unknown maternal kindred. Pursuant to the…be held by the clerk in accordance with section 733.816. Mr. Faskowitz argues that no property of the estate…393cheat of estate property — sections 732.107 and 733.816 — do not in any way displace the rule of descent…this case. Similarly, the provisions of section 733.816 concerning the disposition of unclaimed property

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2005-09-29T00:00:00-07:00

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

Snippet: Stat. Limitations on claims against estates. § 733.816, Fla. Stat. Disposition of unclaimed property held

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

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

Snippet: Stat. Limitations on claims against estates. § 733.816, Fla. Stat. Disposition of unclaimed property held…, Fla. Stat. Determination of beneficiaries. § 733.816, Fla. Stat. Disposition of unclaimed property held

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1992-09-24T00:00:00-07:00

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

Snippet: against unadministered on claims against estates. 733.816, Fla.Stat. Disposition of unclaimed property held…733.105, Fla.Stat. Determination of beneficiaries. $ 733.816, Fla.Stat. Disposition of unclaimed property held

Florida Bar

Court: Fla. | Date Filed: 1988-09-29T00:00:00-07:00

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

Snippet: Limitations against unad-ministered estates. F.S. 733.816 Disposition of unclaimed property held by personal

Florida Bar

Court: Fla. | Date Filed: 1988-09-29T00:00:00-07:00

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

Snippet: Limitations against unad-ministered estates. F.S. 733.816 Disposition of unclaimed property held by personal

In Re Sturgis

Court: Fla. | Date Filed: 1988-06-16T00:53:00-07:00

Citation: 529 So. 2d 281

Snippet: Probate Code including, but not limited to, Section 733.816, Florida Statutes (1985), and in violation of the

In re Inquiry Concerning a Judge

Court: Fla. | Date Filed: 1988-06-16T00:00:00-07:00

Citation: 529 So. 2d 281, 13 Fla. L. Weekly 395, 1988 Fla. LEXIS 720

Snippet: Probate Code including, but not limited to, Section 733.816, Florida Statutes (1985), and in violation of the

Sando v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-09-15T00:00:00-07:00

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

Snippet: the court and disposed of pursuant to section 733.816, Florida Statutes (1985). Southeast deposited the…properly refused to reopen the estate because section 733.816, Florida Statutes (1985), is the exclusive vehicle…and assert his rights to the property. Section 733.816, Florida Statutes (1985), provides another vehicle…court order directing the depositary to pay. § 733.816(3) Fla.Stat. (1985). In either case a petition …entitled to a full evidentiary hearing, (2) section 733.816 is not the exclusive vehicle for asserting rights

In Re Estate of Russell

Court: Fla. Dist. Ct. App. | Date Filed: 1980-08-20T00:53:00-07:00

Citation: 387 So. 2d 487

Snippet: and disposed of pursuant to the terms of Section 733.816, Florida Statutes (1977).[1] From this order, *…under the will cannot be found. Moreover, Section 733.816 clearly contemplates the inability to locate the… to concede that the literal thrust of Section 733.816, Florida Statutes, gives the state the right to…and clearly expressed. The theory behind Section 733.816 seems to be that in the absence of contrary proof…the confiscatory right of government. NOTES [1] 733.816 Disposition of unclaimed funds held by personal