Florida: How to Challenge an Administrator or Bank Closing a Deceased Parent’s Joint Bank Account | Florida Probate | FastCounsel
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Florida: How to Challenge an Administrator or Bank Closing a Deceased Parent’s Joint Bank Account

Detailed answer: What to do if an administrator or bank closed your father’s joint bank account without notifying heirs (Florida)

Short answer: First determine whether the account was truly a joint account with rights of survivorship, a “convenience” account, or an account payable-on-death (POD). Then preserve evidence, demand records in writing from the bank or the estate personal representative, and consult a probate attorney. If the account was closed or money removed improperly you may have claims in probate court (accounting, surcharge, removal of the personal representative) or civil claims (conversion). You can also file a regulatory complaint against the bank. This is general information, not legal advice.

How Florida law treats joint accounts

Under Florida practice, money in a true joint account with rights of survivorship typically passes immediately to the surviving joint owner(s) at death, not to the deceased person’s estate. Banks usually will pay a surviving joint owner who proves survivorship. But facts matter: the controlling document is the bank’s account agreement and signature card, and sometimes the label on the account (e.g., “joint with right of survivorship” vs. “for convenience only”) and any beneficiary (POD) designation.

If the account was not a survivorship account (for example, a convenience account where the other joint owner was only authorized to transact on behalf of the primary owner), the funds may belong to the decedent’s estate and must be handled through probate or an available small-estate process. Florida probate law and bank rules intersect here; the bank often freezes or closes accounts on notice of death to avoid paying out incorrectly.

Immediate steps you should take

  1. Don’t wait. Preserve evidence and act quickly. Make notes with dates, times, and names of any bank or estate representatives you spoke with.
  2. Get the death certificate. You’ll need certified copies for the bank and the probate court.
  3. Request written records from the bank. Send a written request (certified mail or email if you have a documented channel) asking for: the account agreement and signature card; all entries and transaction history; any correspondence or internal notes about why the account was frozen or closed; and any proof the bank relied on to transfer or disburse funds.
  4. Request records from the estate representative. If a personal representative (formerly called administrator or executor) has been appointed and closed the account, request an accounting, copies of bank records, and the basis for any distributions. Under Florida probate procedures the personal representative must provide inventories and accountings to interested persons in appropriate circumstances. See Florida probate law (Chapters 732–733).
  5. Preserve banking communications and receipts. Save emails, letters, and take screenshots of online notices. Ask the bank for a written explanation for the closing/disbursement and keep proof of your request.

How to evaluate whether the bank or administrator acted improperly

Ask these key questions:

  • Was the other person named on the account actually a joint owner with rights of survivorship, or only an authorized signer/convenience signer?
  • Did the bank follow its own account agreement and relevant state law before paying or closing the account?
  • If a personal representative (administrator) closed the account, did they have court authorization or the consent of all interested parties? Did they give notice to known heirs or beneficiaries when required by law or by court order?

Possible legal options in Florida

Depending on facts, you may pursue one or more of the following remedies:

  • Demand production of records and an explanation. A formal written demand often resolves misunderstandings.
  • File a complaint with the bank regulator. If the bank refuses to cooperate, file a consumer complaint with the Florida Office of Financial Regulation (or the bank’s federal regulator if applicable). See Florida Office of Financial Regulation: https://www.flofr.com/.
  • Seek an accounting in probate court. If a personal representative handled or closed the account and did not notify heirs or provide an accounting, an interested person may ask the probate court to order an accounting, undo unauthorized distributions, surcharge the personal representative (hold them personally liable), or remove them. These remedies are governed by Florida’s probate laws (see Chapters 732 and 733). For chapter information, see Florida Statutes, Chapter 732: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html and Chapter 733: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html.
  • File a civil action for conversion or replevin. If a bank or person converted (wrongfully took) the funds, you may have a civil claim to recover the money. Filing suit may be required where the bank or administrator refuses demands and formal probate remedies are insufficient.
  • Use Florida’s small estate procedures if appropriate. Florida permits certain simplified steps when the estate qualifies. See Florida Statutes Chapter 732 for small estate procedures and statutory thresholds: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html.
  • Ask the probate court for emergency relief. If funds are being dissipated, you can ask the court for temporary injunctive relief, an order freezing assets, or expedited accountings.

How to frame your written demand (what to say)

Keep it short and professional. A written demand should include:

  • Your name and contact information and your relationship to the decedent.
  • Account number and the decedent’s name.
  • Request for copies of account documents: signature card, account agreement, beneficiary/POD designation, transaction history, internal notes or memos relating to account closure or disbursement.
  • Request for explanation in writing of why the account was closed or money disbursed, and who authorized it.
  • Deadline for response (commonly 10–14 days) and a statement you will pursue court remedies if not resolved.

What you must prove and common defenses

To reverse a bank’s payment or an administrator’s distribution you typically must show one of these:

  • The account was not properly closed or paid under the account terms.
  • The bank paid the wrong person or paid without the required documentation.
  • The personal representative acted outside the scope of authority granted by the probate court or failed to follow notice/accounting rules.

Common defenses include the bank’s reliance on a valid signature card or a court order, an account truly being a survivorship account, or that the personal representative had authority to disburse funds.

Practical timeline and costs

Expect initial information-gathering and regulator complaints to take days to a few weeks. Probate motions, suits for accounting or removal, and civil trials can take months and incur attorney fees. If property is small you may be able to use simplified procedures—ask a lawyer about the best route given the estate’s value.

When to hire a Florida probate attorney

Talk to a probate or estate litigation lawyer if:

  • The bank or personal representative refuses to produce records or an explanation.
  • Funds were disbursed and you suspect wrongdoing (conversion, fraud, or negligence).
  • You need emergency court relief to freeze assets or stop dissipations.
  • You’re unsure whether the account was a survivorship account or part of the estate.

Helpful hints

  • Act fast. Evidence and witness memories fade.
  • Always get communications in writing or follow up phone calls with written confirmation.
  • Ask for certified death certificate copies if needed; banks and courts require them.
  • Request the account signature card — it often decides ownership questions.
  • If the estate is small, ask whether a simplified Florida small-estate affidavit or nonprobate remedy applies (check Florida Statutes Chapter 732: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html).
  • File a complaint with the Florida Office of Financial Regulation if the bank was uncooperative: https://www.flofr.com/.
  • If you cannot afford an attorney look for legal aid organizations or a local bar referral service to find lawyers who handle probate disputes.

How a Florida court typically resolves these disputes

Florida probate courts focus on whether the personal representative followed the law and court orders and whether the bank followed its contractual procedures. Courts may order an accounting, reverse improper transfers, surcharge (require repayment by) a personal representative who acted improperly, or remove them. For bank liability, courts examine the bank’s documentation and whether bank actions complied with the account agreement and applicable banking rules. See applicable Florida probate statutes (Chapters 732 and 733) for court processes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html and https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html.

Disclaimer: This article explains general Florida law principles and practical steps. It is not legal advice, and it does not create an attorney-client relationship. For advice specific to your situation contact a licensed Florida probate or estate litigation attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.