Can Probate Move Forward in Florida If a Beneficiary Is Missing?

You’ve been named as personal representative of a loved one’s estate, and you’re trying to do everything by the book. Then you discover that one of the beneficiaries named in the will seems to have vanished.

Maybe they moved without leaving a forwarding address, or perhaps family members lost touch years ago. Now you’re wondering: can the probate process continue, or is everything at a standstill until this person is found?

At Vollrath Law, we guide clients through these exact situations. The good news is that Florida law does provide pathways to move forward with probate even when beneficiaries can’t be located, but there are specific procedures and time limits you need to understand to protect yourself from liability.

Your Duty to Find Missing Beneficiaries

When you’re named as a personal representative in Florida, you have a legal obligation to make reasonable efforts to find everyone who’s entitled to a share of the estate. The courts don’t take this responsibility lightly—it’s not something you can casually set aside or ignore.

Florida probate requires the personal representative to promptly serve a copy of the notice of administration to certain parties, including:

• The deceased person’s surviving spouse
• Beneficiaries, meaning parties named as a beneficiary in the will, or parties who will inherit under Florida intestate law if there is no will
• Trustees and sometimes Beneficiaries of the deceased person’s trust

This notice requirement isn’t just a formality—it’s a fundamental legal protection that ensures everyone with rights to the estate has an opportunity to be involved in the process.

Challenges of Missing Beneficiaries

One of the significant challenges in probate is locating all beneficiaries named in the will or identified by law. Missing beneficiaries can delay the probate process and complicate the distribution of assets. Personal Representatives are responsible for making reasonable efforts to locate all beneficiaries, which may include searching public records, contacting known associates, and using professional locator services.

Moving Forward When You’ve Tried Everything

After you’ve made genuine efforts to find the missing beneficiary, you don’t have to leave the estate in limbo indefinitely. Florida law offers several practical ways to move forward:

1. Having Someone Stand in for the Missing Person

The court can appoint what’s called a “guardian ad litem” to represent the missing beneficiary’s interests. Think of this person as a stand-in who looks out for the missing person’s rights while allowing probate to continue.

2. Distributing Some Assets Now, Setting Aside the Rest

You can ask the court for permission to distribute assets to the beneficiaries you’ve located, while setting aside the missing person’s share. This approach ensures that everyone else isn’t penalized by one person’s absence.

3. Creating a Trust to Hold the Missing Person’s Share

The court might allow you to place the missing beneficiary’s inheritance in a trust for a specific period. This option lets you close the estate while still protecting the missing person’s potential rights.

4. Escheatment

If beneficiaries cannot be located after exhaustive efforts, the assets may eventually escheat to the state, where they are held for ten years until claimed by rightful heirs.

What to File With the Court

To convince a judge that you’ve done your due diligence and should be allowed to proceed with probate, you’ll need to prepare several important documents:

• Affidavit of Diligent Search – This is your detailed record of every step you took to find the missing person. Document everything: who you contacted, when, what websites you checked, what professional services you used, and what the results were.
• Petition for Order Determining Beneficiaries – This formal request asks the court to officially determine who’s entitled to inherit, including acknowledging the situation with the missing beneficiary.
• Proposed Plan for Distribution – This document explains exactly how you plan to handle the estate given the circumstances, including what will happen to the missing person’s share.

The more thorough your documentation, the better your chances of getting court approval to move forward.

When the Missing Person Shows Up Later

Imagine this scenario: You’ve completed probate, distributed assets, and moved on with life. Then two years later, the missing beneficiary suddenly appears, asking for their inheritance. What happens now?

If the missing beneficiary appears before the 10-year missing beneficiary time limit expires:

• If their share was deposited with the state, they can file a petition to claim it by proving they’re the rightful beneficiary
• If assets were distributed to other beneficiaries, the missing person might have legal claims against them for their portion
• As the personal representative, you could be personally liable if you didn’t follow proper procedures

This potential is exactly why it’s so important to follow every legal step carefully and document everything you did to find the missing person. Your diligence now could save you from significant headaches years down the road.

The “Use It or Lose It” Rule

After the 10-year missing beneficiary time limit passes, Florida law is clear: the unclaimed inheritance becomes state property through a process called “escheatment.” Once this happens, the money goes into the State School Fund and is permanently beyond reach, even if the beneficiary or their descendants turn up later.

Knowing When to Hire a Probate Attorney

Handling an estate with missing beneficiaries isn’t something you should tackle without a Florida probate lawyer. The legal requirements are complex, and the potential for personal liability is real. Making a mistake could lead to lawsuits years down the road.

At Vollrath Law, we guide personal representatives through this challenging process by:

• Determining what search efforts are appropriate for your specific situation
• Preparing all the legal paperwork the court requires
• Creating a strategic plan to move probate forward despite the missing beneficiary
• Building in safeguards that protect you from personal liability
• Walking alongside you from start to finish with practical, straightforward advice

Missing beneficiaries don’t have to bring probate to a standstill. Florida law offers clear paths forward, but navigating these waters requires careful attention to legal details and thorough documentation of every step you take.

If you’re facing this situation with an estate you’re administering in Oviedo or Central Florida, don’t go it alone. Contact us at Vollrath Law for a consultation. We’ve helped many personal representatives successfully navigate probate despite missing beneficiaries, and we can help you too.

This blog provides general information about Florida law but isn’t legal advice. Every situation is unique, so reach out to discuss the specifics of your case.