What Happens If a Beneficiary Can’t Be Found in a Florida Probate Case?
When someone passes away in Florida and their estate enters probate, one of the personal representative’s first responsibilities is to identify and notify all beneficiaries named in the will—or heirs if there is no will. But what happens if a beneficiary can’t be located?
Missing beneficiaries present a unique legal challenge in Florida probate cases. Fortunately, the law offers several options for moving forward while still protecting the rights of the absent party and ensuring the estate is properly administered. That is what our Tampa Probate and Estate Attorneys at Bleakley Bavol Denman & Grace are here for.
Step 1: Diligent Search and Notice
Florida law requires the personal representative (executor) of the estate to make a diligent and good faith effort to locate all beneficiaries. This may include:
- Reviewing the decedent’s address book, emails, and correspondence
- Contacting known relatives or friends of the missing beneficiary
- Searching public records and databases
- Hiring a private investigator if necessary
Formal notice must be served to each interested person, including beneficiaries. If the person’s whereabouts are unknown, the court may allow constructive notice, such as publishing notice in a local newspaper.
Step 2: Holding the Share in Trust
If the missing beneficiary cannot be located despite reasonable efforts, the estate can still move forward. In many cases, the personal representative may be allowed to hold the missing beneficiary’s share in trust. This involves setting aside the assets that would otherwise be distributed to that individual until they are found or until the statutory period runs out.
During this time, the personal representative must continue making reasonable efforts to find the beneficiary.
Step 3: Court Intervention
If attempts to locate the missing beneficiary are unsuccessful, the personal representative (through their attorney) can petition the probate court for guidance. The court may:
- Appoint a guardian ad litem to represent the interests of the missing beneficiary
- Approve the distribution of the rest of the estate while reserving the missing person’s share
- Allow certain actions, such as converting property into cash for ease of administration
In rare cases, if a beneficiary is presumed deceased (after a specific period of time and under certain conditions), the court may permit final distribution to substitute beneficiaries or heirs.
Step 4: Unclaimed Property and Escheatment
If a beneficiary never comes forward and the share remains unclaimed, Florida law allows the unclaimed assets to eventually be turned over to the Florida Department of Financial Services as unclaimed property. This process is known as escheatment.
If the beneficiary or their heirs appear later, they may still claim the funds from the state.
Why Legal Guidance Matters
Dealing with a missing beneficiary can delay probate and complicate estate administration. It’s essential to follow proper legal procedures to avoid future disputes or liability. At Bleakley Bavol Denman & Grace, our probate attorneys guide personal representatives through every step of the process, ensuring compliance with Florida law while protecting the rights of all parties.
We proudly serve clients throughout Tampa, Clearwater, St. Petersburg, and surrounding areas in Hillsborough, Pinellas, and Pasco counties. If you’re facing a probate case involving a missing beneficiary, contact us today for a consultation.
