Palmdale, CA asked in Probate and Real Estate Law for Florida

Q: How can we claim unclaimed property in Florida without probate or a will?

My father passed away in 2018 while living in Panama City, Florida. There is no record of a will or probate case. I recently discovered that he has unclaimed property (a checking account) listed with the Florida unclaimed property division. I live in California, and I have one brother—there are no other children. Since there was no probate and no will, how can my brother and I claim these unclaimed funds? We know of no other assets or debts, and there are no disputes between us. Would we need to go through probate, or is there another way to handle this? What steps should we take?

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1 Lawyer Answer

A: Generally, when there is no Will, the Florida Intestate Statutes (without a Will) are going to apply, this usually means to the surviving spouse, the children in equal shares and so forth according to Florida Statute. Whether a probate is required the Florida Department of Financial Services will let you know, specifically the "Division of Unclaimed Property", you can specifically search for any unclaimed assets at the FLTreasureHunt.gov. website for reference. The website will tell you what is required in the claim process which will include various types of documents but include things like proof of identity (driver license), proof of address, documents the prove your right to claim (death certificate, bank statements, etc.). The problem that arises is providing proof that you have a right to the claim and that may push you to some version of probate, based on the sums and type of assets you may need a probate attorney at some point. If the sum is under $1000 then you may be able to handle it differently, your best bet is to go online and follow the claim process they provide, if you hit a wall, they will tell you what is needed or you will need to turn to a probate attorney for further steps and help if you hit a wall.

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