The Short Answer

In Florida, bank accounts and CDs are distributed based on how they are titled and whether they have a beneficiary (POD/ITF) designation. If an account is payable-on-death or jointly owned with survivorship, it typically passes outside the will; if it is solely owned with no beneficiary, it is usually a probate asset controlled by the will.

A “year’s allowance” (Florida’s family allowance) is a separate statutory benefit that can be paid from the probate estate during administration, up to a cap, and it generally does not replace or rewrite what the will says about who inherits.

What Florida Law Says

In a blended-family estate, the key issue is often whether the bank accounts and CDs are probate assets (controlled by the will) or non-probate assets (controlled by the account contract—like POD beneficiaries or survivorship). That classification determines whether the will governs distribution or whether the money transfers directly to a surviving co-owner/beneficiary.

The Statute

The primary law governing the “year’s allowance” issue is Fla. Stat. § 732.403.

This statute establishes that, if the decedent was domiciled in Florida, the surviving spouse (and certain dependent lineal heirs) may receive a reasonable allowance in money out of the estate for maintenance during administration, capped at $18,000, and it is generally not chargeable against what the spouse or dependents otherwise receive unless the will provides otherwise.

For bank accounts and CDs specifically, Florida law also recognizes pay-on-death accounts and similar beneficiary designations. The controlling statute is Fla. Stat. § 655.82, which explains how POD designations and survivorship features control who owns the funds at death.

Finally, if a surviving spouse is trying to increase what they receive beyond the will, Florida’s elective share rules can pull certain non-probate accounts (including some POD and survivorship accounts) into the calculation. See Fla. Stat. § 732.201 and Fla. Stat. § 732.2035.

If you want more background on how accounts can pass outside probate, see: Do joint bank accounts automatically transfer at death in Florida? and How a POD beneficiary accesses a bank account after death.

Why You Should Speak with an Attorney

While these statutes provide the general rules, applying them to your family’s situation—especially in a blended family with concerns about undue influence and a will that has not been filed—can get complicated quickly. Outcomes often depend on:

• Strict Deadlines: Florida’s family allowance is intended for support during administration, and probate-related rights can be lost if the case is not handled promptly and properly (including getting the estate opened so assets can be identified and accounted for).
• Burden of Proof: If there are concerns that a sibling is influencing the surviving spouse, or that account ownership/beneficiary changes were made improperly, proving that may require bank records, signature cards, medical/capacity evidence, and witness testimony.
• Exceptions and “Non-Probate” Traps: Some accounts may bypass the will entirely under Fla. Stat. § 655.82, while still being relevant to a spouse’s elective share under Fla. Stat. § 732.2035. It takes legal analysis to determine what is actually reachable by the estate, what is reachable by the spouse, and what is not.

When a surviving spouse files a family allowance petition that appears to omit major assets (like multiple bank accounts and CDs), that can be a red flag. A probate attorney can evaluate whether probate should be opened, whether a formal inventory/accounting is needed, and whether there are grounds to challenge suspicious transfers or seek court oversight.

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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.