In short: When estate assets go missing in Florida, the probate court has broad power to order an accounting, freeze accounts, compel the return of property, surcharge or remove the personal representative, and award attorney’s fees (§§ 733.609, 733.504). Assets moved before death through POD changes, joint accounts, or deeds can be recovered with claims like undue influence, constructive trust, and civil theft, which allows triple damages after a 30-day written demand (§ 772.11).
Matt calls identifying the decedent’s assets one of the most challenging problems in Florida probate today. The paper trail is gone. Statements are electronic. The kids know Dad had $5 million, and the inventory shows $3 million.
How Assets Disappear
- Before death: a caregiver, spouse, or child changes POD and TOD designations, adds themselves to accounts, redirects statements, or gets a deed signed. See beneficiary changes before death.
- After death: a PR or family member sells personal property, drains accounts, or “forgets” assets on the inventory.
- Through paperwork: forged or misunderstood documents, including remotely notarized deeds signed by people who didn’t understand what they were signing.
Finding What’s Missing
Matt’s office now uses asset-search platforms that query the databases banks, brokerages, and insurers participate in, so a forgotten credit union account or annuity can be located. Other tools:
- The PR’s letters of administration, which give legal authority to request records
- Discovery and subpoenas in the probate case (Florida Probate Rule 5.080)
- The decedent’s tax returns, mail, and email
- Florida’s unclaimed property database
- For trusts: a beneficiary’s right to information and accountings from the trustee (§ 736.0813)
Remedies in the Probate Case
You often don’t need a separate lawsuit to deal with a PR who is taking money. The probate court can order an accounting, freeze accounts, block sales, compel return of property, surcharge the PR personally, and remove the PR (§§ 733.504, 733.609). When a PR is liable for breach, the court shall award costs and attorney’s fees. See PR duties and liability.
Remedies Against Third Parties
- Constructive trust over money or property wrongfully obtained
- Undue influence and lack of capacity claims against late-life transfers
- Civil theft, § 772.11: “threefold the actual damages,” minimum $200, plus attorney’s fees, on clear and convincing proof. You must send a written pre-suit demand first; if the recipient complies within 30 days, they get a release.
- Exploitation of an elderly person or disabled adult, § 825.103, a felony at every dollar level
The Inheritance Predators
Matt’s number one appellate case of 2025 involved a company that pressured heirs into signing away fractional interests in inherited property and then interfered with the probate. The court held the company had no right to participate, but the property was tied up for a long time. His warning: if you’re in probate, ignore the solicitors. See predatory companies targeting Florida estates.
Deed Fraud and Remote Signing
Matt has seen documents with none of the formalities he expected hold up because they were remotely notarized. Protect older family members: many Florida county clerks offer free property fraud alerts that notify you when a document is recorded in your name. And if you’re in probate, don’t sign anything you don’t understand.
Move Quickly
Evidence and money both disappear. Preserve records, send written demands, and get the issue in front of the probate judge early.
Watch: the videos behind this article
PROBATE WARNING – FLORIDA Someone stealing from an estate? Here’s what you can do.
Florida Probate: Hidden Assets, Fraud & Estate Theft Explained
Document Fraud Is Exploding in Florida Probate | Attorney Warning
Don’t Sign Anything! The #1 Probate Scam in Florida Right Now
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
Elder Exploitation & Estate Fraud in Florida Probate Case
Fraudulent Estate Transfer & Delay in PR Appointment | Florida Appeal
Go Deeper
- Predatory Companies Targeting Florida Estates
- Florida Elder Financial Exploitation Law
- Florida Personal Representative Duties: What the Job Requires and When a PR Is Personally Liable
- Caregiver Changed the Beneficiary Before Death? Florida POD Accounts, POA Abuse, and What You Can Do
Frequently Asked Questions
What can I do if someone is stealing from an estate in Florida?
Raise it in the probate case. The court can order an accounting, freeze assets, compel return of property, surcharge or remove the personal representative, and award fees. If money was taken before death, separate claims may lie against the person who took it.
How do you find hidden assets of a deceased person in Florida?
Through the PR’s authority and probate discovery: subpoenas to banks and brokerages, tax returns, mail and email, and asset-search databases that cover banks, investment accounts, and insurance. Also search Florida’s unclaimed property database.
Can you get triple damages for theft from an estate in Florida?
Possibly. Florida’s civil theft statute, § 772.11, allows threefold actual damages, a $200 minimum, and attorney’s fees on clear and convincing proof, but you must first send a written demand giving 30 days to comply.
Should I sign documents from companies offering to buy my inheritance?
Not without your own lawyer reviewing them. Companies that buy fractional interests in inherited property or advance inheritances often take a large share, and their paperwork can delay the probate and increase legal costs.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
