Probate can become complicated when a beneficiary named in a will or the person entitled to inherit cannot be located. No matter the circumstances, the estate cannot ignore the missing beneficiary and distribute the inheritance to someone else.
So, what happens if a beneficiary cannot be located in Florida probate?
The personal representative may need to make reasonable efforts to locate the beneficiary and ask the probate court to determine who is entitled to inherit. If property ultimately cannot be distributed because the beneficiary cannot be found, there are procedures for handling those assets.
Does the Personal Representative Have to Look for a Missing Beneficiary?
A personal representative has responsibilities to people with an interest in the estate. Under Florida Statute § 733.212, the personal representative must serve a copy of the notice of administration on beneficiaries known to the personal representative.
If a beneficiary’s whereabouts is unknown, the personal representative should take steps to determine where the beneficiary can be found. Depending on the circumstances, that may include:
- Reviewing the decedent’s records
- Contacting relatives or other people who may have current contact information
- Checking available public records
- Using other reasonable means of locating the beneficiary
In these cases, the personal representative should document the reasonable efforts made to locate the beneficiary instead of assuming that the person cannot be found.
Can the Estate Be Distributed Without the Missing Beneficiary?
A missing beneficiary’s inheritance does not automatically disappear because the beneficiary cannot currently be located. The personal representative still has a duty to administer the estate according to the will and Florida law.
That means the personal representative cannot give the missing beneficiary’s share to another beneficiary. In these cases, the course of action depends on the circumstances of the estate and the nature of the beneficiary’s interest. The probate court may need to become involved before the estate can be administered.
What Happens to the Inheritance If the Beneficiary Still Cannot Be Found?
Under Florida Statute § 733.816, when property cannot be distributed or paid because the lawful owner cannot be found, no lawful owner is known, or the lawful owner refuses to accept the property after a reasonable attempt to distribute it and notice, the court can order the personal representative to sell the property and deposit the proceeds with the clerk of court.
The clerk then deposits the funds in the registry of the court. For funds of $500 or less, the clerk posts notice at the courthouse for 30 days. For amounts over $500, the clerk publishes notice once a month for two consecutive months in a county newspaper.
After six months from the posting or first publication, the clerk deposits the funds with the Chief Financial Officer. That does not mean the beneficiary immediately loses the inheritance. A person who is entitled to the funds can petition the court for payment after proving entitlement. Florida law allows a claim within 10 years of the date the funds are deposited with the Chief Financial Officer. Funds that remain unclaimed after those 10 years go to the state for the benefit of the State School Fund.
What Should a Personal Representative Do?
If you’re serving as a personal representative and cannot locate a beneficiary, the next steps depend on:
- Whether the beneficiary is known but missing
- Whether the beneficiary’s identity is uncertain
- What the will says
- What assets are involved
A personal representative should keep records of their efforts to locate the beneficiary and should address the issue through the probate process.
Get Help with a Missing Beneficiary in Florida Probate
A beneficiary who cannot be located can complicate the probate administration process. If you’re wondering what happens if a beneficiary cannot be located in Florida probate, you want an experienced Florida probate attorney to help with those next steps.
At Niebla Probate Firm, we are ready to assist with these difficult probate issues, including locating or addressing missing beneficiaries and determining how an inheritance should be handled when a beneficiary cannot be found. Reach out today to schedule a consultation.
