Florida Statute 744.534 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.534

744.534 Disposition of unclaimed funds held by guardian.—

(1) In all cases in which it is appropriate for the guardianship to terminate due to the ward’s death and in which property in the hands of the guardian cannot be distributed because no estate proceeding has been instituted, the guardian of the property shall be considered an interested person pursuant to s. 733.202 and may, after a reasonable time, institute such a proceeding. In the alternative, the guardian may follow the procedures set forth in subsection (2).

(2)(a) In those cases in which it is appropriate for the guardianship to terminate pursuant to s. 744.521 and in which property in the hands of a guardian cannot be distributed to the ward or the ward’s estate solely because the guardian is unable to locate the ward through diligent search, the court shall order the guardian of the property to sell the property of the ward and deposit the proceeds and cash already on hand after retaining those amounts provided for in paragraph (e) with the clerk of the court exercising jurisdiction over the guardianship and receive a receipt. The clerk shall deposit the funds in the registry of the court, to be disposed of as follows:

1. If the value of the funds is $50 or less, the clerk shall post a notice for 30 days at the courthouse door giving the amount involved, the name of the ward, and other pertinent information that will put interested persons on notice.

2. If the value of the funds is over $50, the clerk shall publish the notice once a month for 2 consecutive months in a newspaper of general circulation in the county.

3. 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 his or her fees and the costs of publication.

(b) Upon receipt of the funds, the Chief Financial Officer shall deposit them to the credit of public guardianship. 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 paragraph (c).

(c) Within 5 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 his or her right to them, any person entitled to the funds, before or after payment to the Chief Financial Officer and deposit as provided for in paragraph (a), may obtain a court order directing the payment of the funds to him or her. All funds deposited with the Chief Financial Officer and not claimed within 5 years from the date of deposit shall escheat to the state to be deposited in the Department of Elderly Affairs Administrative Trust Fund to be used solely for the benefit of public guardianship as determined by the Secretary of Elderly Affairs.

(d) Upon depositing the funds with the clerk, the guardian of the property may proceed with the filing of his or her final return and application for discharge under s. 744.527.

(e) The guardian depositing assets with the clerk is permitted to retain from the funds in his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney’s fees accruing between the deposit of the funds with the clerk of the court and the order of discharge. Any surplus funds so retained must be deposited with the clerk prior to discharge of the guardian of the property.

History.—s. 5, ch. 86-120; s. 94, ch. 89-96; s. 68, ch. 90-271; s. 1114, ch. 97-102; s. 7, ch. 2002-195; s. 13, ch. 2003-57; s. 1898, ch. 2003-261.

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Amendments to 744.534

Arrestable Offenses / Crimes under Fla. Stat. 744.534

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.534.

Annotations, Discussions, Cases:

Cases Citing Statute 744.534

Total Results: 10

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: to ss. 43.19, 45.032, 732.107, 733.816, and 744.534. (Emphasis added.) The plain statutory language

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: pursuant to Section 43.19, 732.107, 733.816 or 744.534, F.S., are to be filed initially with the court

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: reports and application for discharge; hearing. § 744.534, Fla. Stat. Disposition of unclaimed funds held

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: representative. § 744.531, Fla. Stat. Order of discharge. § 744.534, Fla. Stat. Disposition of unclaimed funds held

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: reports and application for discharge; hearing. § 744.534, Fla. Stat. Disposition of unclaimed funds held

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1996-10-03

Citation: 683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Snippet: representative. 744.531, Fla.Stat. Order of discharge. 744.534, Fla.Stat. Disposition of unclaimed funds held

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: representative. § 744.531, Fla.Stat. Order of discharge. § 744.534, Fla.Stat. Disposition of unclaimed funds held

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1991-08-22

Citation: 584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Snippet: reports and application for discharge; hearing. § 744.534, Fla. Stat. Disposition of unclaimed funds by guardian

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: returns and application for discharge; hearing. F.S. 744.534 Disposition of unclaimed funds held by guardian

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: returns and application for discharge; hearing. F.S. 744.534 Disposition of unclaimed funds held by guardian