Fla. Stat. 717.1242
Restatement of jurisdiction of the circuit court sitting in probate and the department

(1)

It is and has been the intent of the Legislature that, pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of proceedings relating to the settlement of the estates of decedents and other jurisdiction usually pertaining to courts of probate. It is and has been the intent of the Legislature that, pursuant to this chapter, the department determines the merits of claims and entitlement to unclaimed property paid or delivered to the department under this chapter. Consistent with this legislative intent, any beneficiary, devisee, heir, personal representative, or other interested person, as those terms are defined in the Florida Probate Code and the Florida Trust Code, of an estate seeking to obtain property paid or delivered to the department under this chapter must file a claim with the department as provided in s. 717.124.

(2)

If any estate or heir of an estate seeks or obtains an order from a circuit court sitting in probate directing the department to pay or deliver to any person property paid or delivered to the department under this chapter, the estate or heir shall be ordered to pay the department reasonable costs and attorney’s fees in any proceeding brought by the department to oppose, appeal, or collaterally attack the order if the department is the prevailing party in any such proceeding.

Source: Section 717.1242 — Restatement of jurisdiction of the circuit court sitting in probate and the department, https://www.­flsenate.­gov/Laws/Statutes/2024/0717.­1242 (accessed Aug. 7, 2025).

717.001
Short title 717.101
Definitions 717.102
Property presumed unclaimed 717.103
General rules for taking custody of intangible unclaimed property 717.104
Traveler’s checks and money orders 717.105
Checks, drafts, and similar instruments issued or certified by banking and financial organizations 717.106
Bank deposits and funds in financial organizations 717.107
Funds owing under life insurance policies, annuity contracts, and retained asset accounts 717.108
Deposits held by utilities 717.109
Refunds held by business associations 717.111
Property of business associations held in course of dissolution 717.112
Property held by agents and fiduciaries 717.113
Property held by courts and public agencies 717.115
Wages 717.116
Contents of safe-deposit box or other safekeeping repository 717.117
Report of unclaimed property 717.118
Notification of apparent owners of unclaimed property 717.119
Payment or delivery of unclaimed property 717.121
Crediting of dividends, interest, or increments to owner’s account 717.122
Public sale of unclaimed property 717.123
Deposit of funds 717.124
Unclaimed property claims 717.125
Claim of another state to recover property 717.126
Administrative hearing 717.127
Election to take payment or delivery 717.128
Destruction or disposition of property having insubstantial commercial value 717.129
Periods of limitation 717.132
Enforcement 717.133
Interstate agreements and cooperation 717.134
Penalties and interest 717.135
Recovery agreements and purchase agreements for claims filed by a claimant’s representative 717.136
Foreign transactions 717.138
Rulemaking authority 717.139
Uniformity of application and construction 717.1035
Property originated or issued by this state, any political subdivision of this state, or any entity incorporated, organized, created, or otherwise located in the state 717.1045
Gift certificates and similar credit items 717.1065
Virtual currency 717.1071
Lost owners of unclaimed demutualization, rehabilitation, or related reorganization proceeds 717.1101
Unclaimed equity and debt of business associations 717.1125
Property held by fiduciaries under trust instruments 717.1201
Custody by state 717.1235
Dormant campaign accounts 717.1241
Conflicting claims 717.1242
Restatement of jurisdiction of the circuit court sitting in probate and the department 717.1243
Small estate accounts 717.1244
Determinations of unclaimed property claims 717.1245
Garnishment of unclaimed property 717.1261
Death certificates 717.1262
Court documents 717.1301
Investigations 717.1311
Retention of records 717.1315
Retention of records by claimant’s representatives and buyers of unclaimed property 717.1322
Administrative and civil enforcement 717.1323
Prohibited practice 717.1331
Actions against holders 717.1333
Evidence 717.1341
Invalid claims, recovery of property, interest and penalties 717.1355
Theme park and entertainment complex tickets 717.1382
United States savings bond 717.1383
United States savings bond 717.1400
Registration 717.1401
Repeal 717.12403
Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person 717.12404
Claims on behalf of a business entity or trust 717.12405
Claims by estates 717.12406
Joint ownership of unclaimed securities or dividends

Current through Fall 2025

§ 717.1242. Restatement of jurisdiction of the circuit court sitting in probate & the department's source at flsenate​.gov