How to Claim Property That Escheated to the State of Florida

Every year, millions of dollars in bank accounts, real estate proceeds, refunds, insurance payments, and personal property are transferred to the State of Florida because the owner died without heirs, the estate was not properly administered, or the assets were never claimed. When this happens, the property is said to have “escheated” to the state.

The good news? You may still be able to claim it. Florida maintains an extensive unclaimed property system, and heirs, beneficiaries, and rightful owners can often recover funds — if they know how.

This guide explains why property escheats, how to determine whether you’re entitled to it, and how to reclaim it under Florida law.

What Does It Mean for Property to Escheat to Florida?

When someone dies without a will, without identifiable heirs, or without proper estate planning, their unclaimed assets ultimately transfer (“escheat”) to the State of Florida. This typically occurs when:

• No heirs were located during probate
• The deceased had no will
• Property was left unclaimed for years
• Documents were lost or beneficiaries were never notified
• Accounts were abandoned or inactive

But escheatment does NOT necessarily mean the state keeps it forever. Florida’s unclaimed property laws allow rightful heirs to claim many types of property indefinitely.

What Types of Property Can Be Claimed?

You may be able to reclaim:

• Bank accounts
• Uncashed checks
• Life insurance proceeds
• Stocks, dividends, or bonds
• Safe deposit box contents
• Refunds or credits
• Proceeds from the sale of real estate

Note: If Florida sold real estate because no heirs were located, you cannot reclaim the land — but you may reclaim the proceeds held by the state.

Step 1: Check for Unclaimed Property

Start by searching the Florida Department of Financial Services’ Unclaimed Property Database:

Florida Unclaimed Property Search:
www.fltreasurehunt.gov

You can search by:

• Your name
• A relative’s name
• A deceased family member’s name
• A prior address

If you discover property belonging to a deceased relative, you may be able to claim it as an heir — even if probate has already closed or was never opened.

Step 2: Determine Whether You Are Entitled to Claim It

You may be able to recover escheated property if you are:

• A surviving spouse
• A child or grandchild
• A sibling
• Another lawful heir under Florida intestate law
• A personal representative of the estate
• A trustee of the deceased’s trust

If the decedent died without a will, Florida’s intestacy statute determines who inherits — and that determines who can claim the property.

Step 3: Prepare Required Documentation

Florida typically requires:

• Proof of identity
• Proof of relationship to the deceased
• A death certificate
• Letters of Administration (if probate is needed)
• A copy of the will or trust (if applicable)

If probate was never opened but is required to prove heirship, an attorney can assist in filing a simplified probate or affidavit of entitlement when appropriate.

Step 4: Submit a Claim to the State

Florida allows online or paper claim submissions. Once the claim is submitted:

• The state reviews documentation
• Additional verification may be requested
• Claims usually process within 30–90 days

If approved, Florida releases the money directly to you.

When a Lawyer Is Needed

Hiring an attorney may be necessary when:

• The property exceeds $1,000
• Multiple heirs disagree about who should receive funds
• Probate needs to be reopened or initiated
• The deceased owned real estate
• The state requests legal documentation proving heirship

Unclaimed property recovery is also available as part of probate or estate administration.

How to Prevent Your Own Property From Ever Escheating

Proper estate planning ensures your assets never end up in the state’s hands. Key tools include:

• A properly executed will or trust
• Updated beneficiary designations
• A revocable living trust to avoid probate
• A Lady Bird deed for Florida real estate
• Clear documentation and asset organization

The best way to keep your property out of the state’s unclaimed system is to build a plan now — not later.

Need Help Claiming Escheated Property in Florida?

At De Paz Law, we help families across Tampa Bay recover unclaimed or escheated property and prevent future assets from being lost to the state.

If you believe you may be entitled to unclaimed property — or want to ensure your own estate never escheats — call us today to schedule a consultation.