What is an escheat?

An escheat is a legal process in which property is transferred from a deceased person to the state of Florida. This process occurs when someone dies without leaving a will or when the person’s heirs cannot be located. In these cases, the state is the final owner of the property and is responsible for distributing it. Escheats are regulated by Florida’s probate laws, which provide guidance on how the property should be handled in this situation. Generally, the state will first try to locate any surviving heirs and, if unsuccessful, will use the proceeds of the property to fund government programs. In some cases, the state will also take steps to recoup any taxes or other liabilities owed by the deceased person. Once all the liabilities have been settled, the remainder of the property will be distributed to the state’s general fund. In Florida, all escheatment proceedings must be handled through the county court system. This process can take quite a bit of time and often requires court hearings, so it is important to consult an experienced attorney if you have a loved one who has passed away without leaving a will.

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