Disclaimer: This article provides general information under Florida law and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney.
Detailed Answer
Estate Administration
In Florida, probate and estate administration occur in the Circuit Courts. Florida has 20 judicial circuits. Each circuit court has exclusive jurisdiction over matters involving the probate of wills and the administration of decedents’ estates. You file a petition in the circuit court of the county where the decedent resided at the time of death.
Key Statute: Florida Statutes Chapter 733 governs probate procedures and administration: Fla. Stat. ch. 733. Specifically, Section 733.001 defines probate matters and outlines the scope of administration.
Unclaimed Property Claims
Florida’s unclaimed property program operates under the Florida Department of Financial Services (DFS). The DFS holds funds and assets that businesses and governmental entities have not claimed for a specified period. You can search for unclaimed property on the DFS website and file a claim directly with the department—no court filing is required.
Key Statute: Chapter 717 of the Florida Statutes details custody and disposition of unclaimed property: Fla. Stat. ch. 717. Visit the official unclaimed property portal: fltreasurehunt.gov.
Helpful Hints
- Identify the decedent’s county of residence to determine the correct circuit court.
- Gather certified death certificates, the will (if any), and a list of assets before filing probate.
- Use the DFS online search tool to locate unclaimed property in your name or the decedent’s name.
- File probate petitions and unclaimed property claims promptly to avoid delays.
- Review time limits under Fla. Stat. ch. 733 and ch. 717 for filing claims and objections.
- Consider hiring a probate attorney for complex estates or contested matters.
- Keep copies of all court filings and correspondence with the DFS for your records.