How Probate Works When There is No Surviving Family in Florida

If you die leaving no surviving family members, your estate will still go through probate. However, at the end of the probate process any remaining property will transfer to the state of Florida rather than a person. This process is known as escheatment. Under the laws of intestate succession, friends and charities are not permitted to inherit property, only legally recognized family members. If you are concerned about the disposition of your estate, do not hesitate to speak with our South Florida probate lawyer at Brian K. McMahon, P.A., today.

What Constitutes an Heirless Estate?

Probate is the court-ordered process of distributing a deceased person’s estate to legally recognized heirs. When no surviving family members remain to inherit an estate, this is considered an heirless estate.

When no lawful heirs exist, this means that a person dies without:

• A surviving spouse
• Surviving children or grandchildren
• Parents
• Siblings
• Distant relatives

Someone Has to Open and Administer the Estate

A personal representative (PR) is someone that oversees and manages a deceased person’s estate. When someone dies leaving no surviving family members or legal heirs, the court will appoint a public administrator to serve as PR. A public administrator is usually an attorney or private professional who manages and settles a person’s estate when no family members or heirs are willing or able to serve.

The PR Must Conduct a Diligent Search for Heirs

Simply stating that no heirs exist is not sufficient proof for the court. The probate court requires proof that a thorough and reasonable search was conducted prior to escheatment. This often entails the following:

• Searching public records, including birth, death, marriage, and divorce certificates through the Florida Department of Health. Since Florida’s laws of intestate succession are far-reaching, distant relatives should be included in this search.
• Checking recent probate dockets
• Hiring genealogists or conducting genealogical research
• Hiring a private investigator to follow up on potential leads
• Conducting foreign record requests to gather information from birth, marriage, and death certificates abroad

Notice to Creditors

Even if there are no found heirs, a Notice to Creditors must be published in a newspaper of general circulation in the county where the decedent lived. According to Florida law, notice must be published once per week for two consecutive weeks. According to Fla. Stat. §733.702 (1), most creditors must file a claim within three months of the first Notice to Creditors, although creditors who were required to be served with a copy of the Notice to Creditors are only given 30 days to file a claim. Fla. Stat. §733.710 allows all other creditors two years to file a claim against the estate.

Debts Must Be Paid First

According to Fla. Stat. §733.707, administrative costs, funeral expenses, estate taxes, medical bills, and other creditors’ claims must be paid before anything is considered for escheat. If the estate lacks sufficient cash, the PR is responsible for liquidating real property and other assets to pay these debts. If the estate is insolvent, then any low-priority debts will go unpaid.

Final Accounting

A final accounting should be presented to the court showing the starting value of probate assets, all income, expenses, and remaining assets before the court signs off on escheat.

Florida Law on Escheat

Under Fla. Stat. §732.107, when a person dies leaving an estate without being survived by any legal heirs, property will be escheated to the state and sold as provided in the Florida Probate Rules. Proceeds will be paid to the Chief Financial Officer of the state and deposited in the State School Fund. This involves the sale of property.

Escheat is not final, with the state allowing a 10-year grace period for legal heirs to petition the court to reopen the estate administration and claim the proceeds. The Florida Department of Legal Affairs (headed by the Attorney General’s Office) represents the state in escheat proceedings.

Complex Estates Require Experienced Legal Guidance

When a person dies leaving an estate with no surviving family members, the additional criteria to locate potential heirs as part of the probate process is a rigorous one. Genealogy research will be required as well as searching public records, which must be documented accordingly by the PR. Only in rare circumstances are no potential heirs found and the laws of escheatment apply. Given the complexity of these estates, it is recommended that whoever is administering the estate work with a South Florida probate lawyer to ensure proper inheritance distribution.

Speak with Our South Florida Probate Lawyer at Your Earliest Convenience

Although rare, it is possible to leave an estate without having any legal heirs at law. If you have been tasked with administering such an estate or you are concerned that you do not have any surviving family members entitled to your estate, our South Florida probate lawyer is ready to help. He understands the intricacies of Florida probate law, knowing what steps must be taken to properly distribute assets when there are no lawful heirs.

To schedule your free consultation, contact Brian K. McMahon, P.A., online or by calling (561) 658-1789 at your earliest convenience.