Personal representatives (commonly known as executors) have a multitude of responsibilities when administering an estate and going through the probate process. Many of these responsibilities are to be expected. Others involve complications they didn’t expect.
When distributing inheritances, most beneficiaries are typically easy enough to locate. They’re likely family members, close friends of the deceased or charities and other non-profit organizations. Of course, it’s crucial to ensure that the assets go to the correct individuals or organizations. That can sometimes be a challenge if the deceased wasn’t very specific in naming them (as too often happens if they don’t have professional estate planning guidance).
Another challenge is if a beneficiary can’t be located. These missing beneficiaries are often people the deceased knew from many years ago who aren’t familiar to their loved ones. They may, however, be family members who have lost touch with their relatives. They may have become homeless or transient. They may have moved away and later died. Some “missing” beneficiaries have simply changed their name since the deceased created their estate plan.
These days, it’s easy enough to find just about anyone via a Google or social media search. But what if those searches don’t yield any information? How thoroughly is the executor expected to search?
What does Florida law say?
Florida law requires executors to perform a “diligent search and inquiry” to locate a beneficiary. The law details the steps that must be taken and the deadlines to notify a beneficiary of an inheritance – including publishing notifications.
If an executor can’t locate a beneficiary or confirm that they’re deceased, the inheritance doesn’t go to a contingent beneficiary, if one is named, or remain with the estate to be disbursed among other beneficiaries. After six months, the assets are to be turned over to the court and then, if not claimed within ten years, they are escheated (transferred) to the state.
Any executor who is struggling to find a beneficiary or not certain that they have the right one is smart to get legal guidance. This can help ensure that they follow the law and don’t make any costly errors.