How do I challenge the administrator closing my father’s joint bank account without notifying heirs? - Florida
The Short Answer
In Florida, whether you can successfully challenge this depends on a key threshold issue: was the bank account truly a joint account with right of survivorship (often non-probate), or was it an estate account or an account that should have been treated as an estate asset. If the personal representative (administrator) acted outside their authority or breached fiduciary duties to interested persons, you may have grounds to seek court intervention in the probate case.
What Florida Law Says
A Florida personal representative is a fiduciary and must administer the estate for the benefit of “interested persons,” acting with trustee-level care. Even though personal representatives can often act without getting a court order for every step, they still must act in the estate’s best interests and respect the rights of beneficiaries/heirs.
The Statute
The primary law governing this issue is Fla. Stat. § 733.602.
This statute establishes that the personal representative is a fiduciary who must settle and distribute the estate expeditiously and use their authority for the best interests of interested persons (including heirs/beneficiaries and creditors).
Why You Should Speak with an Attorney
Even with a clear fiduciary-duty statute, disputes over “closing” or “emptying” a joint bank account can turn on facts and documents that are not obvious from bank statements alone. Legal outcomes often depend on:
- Account Title & Survivorship Language: Many joint accounts pass automatically to the surviving owner and are not estate property—while other arrangements (or later changes) can create disputes about whether the funds belonged to the estate.
- Burden of Proof: To challenge the administrator’s conduct, you typically need evidence (account agreements, signature cards, bank records, probate filings) showing the funds were mishandled or the personal representative breached fiduciary duties under Florida law.
- Exceptions & Court Oversight: A personal representative may act “without court order” in many situations, but beneficiaries can still ask the probate court to review actions that harmed interested persons or involved assets that should have been treated differently. See also Fla. Stat. § 733.603.
Trying to handle this alone can backfire—especially if the account was non-probate, if the estate is close to being discharged, or if you need immediate court relief to prevent further transfers. A probate attorney can quickly assess whether the account was an estate asset, whether notice/accounting obligations were triggered, and what remedies are realistically available.
Related reading: Personal representative responsibilities during probate in Florida and how beneficiaries can access probate records when information is withheld.
Get Connected with a Florida Attorney
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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.