Florida Statute 733.816
“Disposition of unclaimed property held by personal representatives”
What it means
When a beneficiary can't be found or won't come forward, the estate doesn't stall forever. Under §733.816 the court orders the unclaimed property sold and the proceeds deposited with the clerk of court. The clerk advertises: sums of $500 or less are posted at the courthouse for 30 days; larger sums are published monthly for 2 consecutive months.
Six months after the posting or first publication, unclaimed funds go to the Chief Financial Officer, credited to the State School Fund. Anyone entitled may petition the court within 10 years of that deposit and be paid on proof of entitlement; after 10 years the money escheats to the state permanently.
- Unclaimed property is sold and the proceeds deposited with the clerk, into the registry of the court.
- Notice: posted at the courthouse for 30 days for sums of $500 or less; published monthly for 2 consecutive months above that.
- After 6 months, the clerk forwards the funds to the Chief Financial Officer for the State School Fund.
- A person entitled has 10 years from the deposit to petition and prove entitlement; after that, the funds escheat.
- Subsection (5) channels heir-locator recoveries through a licensed attorney's or private investigative agency's trust account.
How it plays out
We meet §733.816 in missing-heir estates: one beneficiary vanished decades ago, everyone else wants to close. The statute is the exit — document the search, sell the share, deposit with the clerk, and the estate closes without waiting for a reappearance. We also field the other side: heir-hunter letters offering to recover “unknown funds” for a contingency cut. Before signing one, it is worth knowing the deposit can be claimed directly, for the cost of a petition, any time within the 10 years.
Where this shows up
Pages on this site where § 733.816 does real work:
Questions people ask
