The Short Answer

In Florida, the legal mechanism for identifying a deceased spouse’s assets is usually a probate administration where a court-appointed personal representative gathers estate property and files a verified inventory. If you are not the personal representative (or do not have court authority), banks and other institutions often will not release full account information to you.

What Florida Law Says

Florida probate law places the responsibility for identifying and reporting estate assets on the personal representative (the person appointed by the probate court to administer the estate). That fiduciary is expected to take control of estate property, protect it, and disclose it through a formal inventory filed in the probate case.

The Statute

The primary law governing this issue is Fla. Stat. § 733.604.

This statute requires the personal representative to file a verified inventory of estate property, listed with reasonable detail and with estimated date-of-death values, and to amend/supplement the inventory if additional assets are discovered later.

Related authority also gives the personal representative the right and duty to take possession or control of the decedent’s property for administration purposes. See Fla. Stat. § 733.607 and § 733.602.

If you want more detail on what banks typically require before they will release records, see: What Does a Florida Bank Require to Release a Deceased Person’s Account Records to an Estate?

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida probate administrations have court-driven timelines, and the inventory is a required filing that must be completed accurately and updated when new assets are found. Mistakes can trigger objections, delays, or court intervention.
• Burden of Proof: It is not enough to “suspect” an account exists—financial institutions typically require proper authority (letters of administration, court orders, or other documentation) before releasing information, and the estate may need evidence to trace ownership, beneficiary designations, and date-of-death values.
• Exceptions: Not everything your spouse owned is necessarily a probate asset (for example, certain jointly titled assets, beneficiary-designated accounts, or trust assets). Determining what belongs in the probate inventory versus what passes outside probate is a legal analysis that can materially change your rights and tax/creditor exposure.

Trying to handle asset discovery alone can lead to missed accounts, incomplete inventories, disputes with other beneficiaries, or allegations that the personal representative failed to do their job. A Florida probate attorney can help you use the probate process to lawfully obtain information, classify assets correctly, and protect you from liability.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.