Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Florida for guidance specific to your situation.
Detailed Answer
When a Florida resident dies, all funds held in their bank accounts form part of their probate estate. Florida banks generally will only honor instructions from a court-appointed Personal Representative (PR) or under a court order. If co-heirs refuse to cooperate, a single interested heir can petition the probate court to secure those funds. Below are the typical steps and documents required under Florida law:
1. Obtain Certified Death Certificate
Request multiple certified copies of the decedent’s death certificate from the Florida Department of Health. Banks will require a certified copy before taking any action.
2. File a Petition for Administration
Submit a petition with the Clerk of the Circuit Court in the county where the decedent resided. For estates exceeding $75,000 of personal property (excluding exempt assets), you must open a formal administration under Chapter 733, Florida Statutes. The petition must include:
- The decedent’s name, date of death, and county of residence.
- A list of all known heirs and their mailing addresses.
- An inventory of known assets, including bank accounts.
- A certified copy of the death certificate.
After a hearing, the court will issue Letters of Administration (§733.301, Fla. Stat.), empowering the PR to act on behalf of the estate.
3. Consider Summary Administration If Eligible
If the estate’s nonexempt property does not exceed $75,000, or the decedent died more than two years ago, you may qualify for summary administration under §735.201, Fla. Stat.. After filing the petition, the court typically issues an Order of Summary Administration within 20 days. That order accomplishes the same effect as Letters of Administration for purposes of securing and distributing bank accounts.
4. Serve Notice to Creditors and Banks
Under §733.212, Fla. Stat., the PR must publish a Notice to Creditors in a newspaper of general circulation within three months of the decedent’s death. While this notice is aimed at creditors, banks often require proof of full probate steps before releasing funds.
5. Provide Banks with Court Documents
Once Letters of Administration or an Order of Summary Administration is in hand, deliver to each bank:
- A certified death certificate.
- A certified copy of the Letters of Administration or Order of Summary Administration.
- A written request from the Personal Representative specifying that the funds be frozen until all estate matters are resolved.
Florida banks will typically place a freeze on the decedent’s accounts and only disburse funds at the PR’s direction or pursuant to court order.
6. Seek Injunctive Relief if Necessary
If co-heirs attempt to withdraw or transfer funds despite the freeze, the Personal Representative may file a motion for injunctive relief or contempt against any parties violating the court’s directives. The probate court has inherent authority to preserve estate assets for all heirs.
Helpful Hints
- Gather multiple certified death certificates early; banks often keep the originals.
- Compile a detailed list of every bank and account number to avoid missed assets.
- Check eligibility for summary administration to reduce time and cost.
- Follow the clerk’s instructions carefully when filing petitions to prevent delays.
- Keep clear communication records with the bank and co-heirs in case disputes escalate.