What to do When the Probate Beneficiary is Missing

Florida’s probate process may seem long, arduous, and downright tedious. However, probate serves many critical purposes. The personal representative’s tasks of inventorying assets, settling debts, and notifying beneficiaries of their inheritances are chief among them, and can sometimes be pretty straightforward tasks. However, complications may arise if personal representatives cannot locate one or more of the decedent’s heirs. If proper action isn’t taken, the estate could find itself stuck and not able to close out probate until the issue is resolved. Experienced will & probate attorneys can help.

Florida’s Probate Notice Requirements

In most instances, the probate process in Florida involves the following steps:

• The personal representative of the estate files the petition to formally initiate probate of the decedent’s estate in the county in which the deceased resided at the time of death.
• The personal representative is responsible for sending a formal notice that the probate proceedings are in process. This notice is usually sent to any surviving spouse, creditors, beneficiaries or heirs of the estate.
• The personal representative is also responsible for inventorying the decedent’s assets.
• Once the personal representative is able to really understand the assets and debts tied to the estate, the personal representative may begin the process of paying the estate’s creditors and disbursing marked inheritances to heirs and beneficiaries.

It is easy to see how the process can get jammed up if a named beneficiary or heir cannot be located. Personal representatives are required to inform the heir/beneficiary of the probate – difficult to do that if the heir is nowhere to be found. Florida law requires that beneficiaries or heirs be served formal notice of the probate proceedings. The rules of formal notice further detail ways this can be done. Possible solutions include:

• Send a copy of the petition to the beneficiary’s last known address using a delivery service that requires a signature with delivery.
• If the beneficiary has an attorney, send a copy of the petition to them.
• Send a copy to the beneficiary’s guardian or caretaker.
• Send a copy as otherwise provided by the rules of Formal Notice.

If a beneficiary really cannot be located, or does not respond to the notice of probate, the personal representative may need to take more proactive steps to search for them.

There is, for example, a process you can undertake in certain circumstances of publishing a notice of probate in a local newspaper or media outlet. This step can only be taken if court permission to do so has been granted. Experienced will & probate attorneys can help guide you through the process of gaining this permission from the court.

If the beneficiary fails to respond to the publicly-available notice, then the personal representative may be able to advance probate by taking several various actions. This might include petitioning the court to recognize the beneficiary as legally deceased, or to appoint a guardian ad litem. Perhaps it is appropriate to request that the court distribute the remaining assets to other beneficiaries while the search carries on for the missing heir – or perhaps the court approves of the earmarked assets to be placed into a trust for a period of time.

There are many paths available to you – an experienced wills & probate attorney can help you find what’s best in your scenario.

Contact Suncoast Civil Law Today

Contact the Sarasota wills & probate attorneys at Suncoast Civil Law to speak with an experienced team and put our experience to work in your own wills & probate matters.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.816.html

marketwatch.com/story/the-mystery-of-the-missing-heir-b574dbaf