Q: How do I get off Sor?

A: Florida law specifically addresses this situation through Chapter 717 of the Florida Statutes, which states that "a claim for unclaimed property made by a beneficiary of a deceased owner need not be accompanied by an order of a probate court if the claimant files with the department an affidavit, signed by all beneficiaries, stating that all the beneficiaries have amicably agreed among themselves upon a division of the estate." Justia Law Since you and your brother are the only children and are in agreement, this provision may help you avoid formal probate.

For smaller estates like this one that only involves a checking account, you may be eligible for an "abbreviated form of probate known as a Summary Administration," which typically reduces costs and shortens the time required. Myfloridaprobate This simplified process is particularly applicable in your case since the law specifies it "only applies if all of the unclaimed property held by the department on behalf of the owner has an aggregate value of $5,000 or less and no probate proceeding is pending." Justia Law If the account value exceeds this threshold, you may need more formal proceedings.

Your first step should be to visit Florida's official unclaimed property website at FLTreasureHunt.gov to verify the property is listed there. Unclaimed Property Be cautious about hiring "treasure hunters" who charge fees of 10-60% when you can handle this yourself. Centralfloridalifestyle After confirming the property exists, contact Florida's Division of Unclaimed Property directly to ask about their specific requirements for your situation. You'll likely need to submit a claim form, death certificate, proof of your identities, and a signed affidavit from both you and your brother agreeing to the division of the funds. Since there's no statute of limitations on claiming these funds, you can take the time to properly gather all required documentation.