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2024 Florida Statutes

Title XL REAL AND PERSONAL PROPERTY
Chapter 717 DISPOSITION OF UNCLAIMED PROPERTY Entire Chapter
SECTION 1242
Restatement of jurisdiction of the circuit court sitting in probate and the department.
F.S. 717.1242
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.
History.—s. 16, ch. 96-301; s. 126, ch. 2004-390; s. 12, ch. 2005-163; s. 49, ch. 2024-140.