Florida Probate Litigation: How Do I Handle the Estate of a Missing Person?

What happens if someone is missing? Can you probate a missing person’s estate? What happens if you hear someone died but no one has any clue where they are? What should Palm Beach trust and estates lawyers know about inheriting from a missing person? What if you are an heir at law or a beneficiary in a Florida will? How do you know if you inherit from a missing person? 

If you believe you may inherit from a missing person, you should ask your Florida probate litigation attorney about a very unique section of the probate code, Section 733.209. This section deals with estates of missing persons. You can open up the probate of a missing person in Florida. However, this doesn’t necessarily mean you will inherit. Before this is determined, you will need to get a ruling from the West Palm Beach probate court judge stating that the missing person is deceased. You can read Florida Statute 733.209 in its entirety below.

733.209 Estates of missing persons.—Any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the missing person is dead.