The Short Answer

Usually, no—if the account was solely in your brother’s name, the bank will typically freeze it until someone has legal authority to act for the estate (such as a court-appointed personal representative). There are limited exceptions for very small amounts or accounts with a valid beneficiary designation, but using the money without authority can create serious legal and financial risk.

What Florida Law Says

In Florida, the person with legal authority to collect and control a decedent’s assets is generally the court-appointed personal representative (executor). Once appointed, the personal representative has the right and duty to take possession or control of the decedent’s property for administration, which is why banks commonly require “letters of administration” (letters of authority) before releasing funds.

The Statute

The primary law governing this issue is Fla. Stat. § 733.607.

This statute establishes that the personal representative has the right to, and must take possession or control of, the decedent’s property (with limited exceptions such as protected homestead), and must manage and preserve estate assets until distribution.

Florida also provides a narrow bank-account shortcut for very small balances: Fla. Stat. § 735.303 allows a financial institution to pay certain “qualified accounts” (generally, accounts solely in the decedent’s name with no pay-on-death/survivor designation) to a defined “family member” without court proceedings—but only if the total at that institution is $1,000 or less and not earlier than 6 months after death, and only with a sworn affidavit meeting statutory requirements.

For broader “small estate” situations, Florida may allow disposition without administration in limited circumstances under Fla. Stat. § 735.301, but eligibility depends on the kinds of assets and whether they are needed to cover certain final expenses.

If you want more background on frozen accounts and early access issues, you may also find helpful: How Can I Access Frozen Assets and Start Probate in Florida Without a Personal Representative? and How Can I Access a Deceased Relative’s Bank Account in Florida If There’s No Beneficiary?.

Why You Should Speak with an Attorney

While the statutes provide general rules, applying them to a real family situation is rarely simple. Legal outcomes often depend on:

• Strict limitations and timing: The “no-court” bank payment rule is capped at $1,000 per institution and generally cannot be used earlier than 6 months after death. See Fla. Stat. § 735.303.
• Burden of proof and bank compliance: Banks often require specific documentation (and may refuse access without letters of authority), especially if there are multiple heirs, a possible will, or questions about beneficiary designations.
• Exceptions and liability risks: Even when money is released via affidavit, the person who receives it can be personally liable to creditors and others entitled to the funds, and false statements can carry serious consequences. See Fla. Stat. § 735.303.

If you access or “use” funds without proper authority, you may trigger disputes with other heirs, create repayment obligations, or complicate the probate administration. A Florida probate attorney can quickly assess whether the account passes outside probate (for example, by beneficiary designation), whether a small-estate option applies, and how to protect you from personal liability.

Related reading if there’s family conflict: Can I stop or challenge my sibling from using our deceased parent’s bank account before probate appointment in Florida?

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.