The Short Answer

In Florida, a properly designated pay-on-death (POD) bank account generally passes directly to the named beneficiary outside of probate. To protect yourself if someone later claims the POD designation was improper (or alleges fraud/undue influence), you should keep clear records showing (1) the bank’s POD paperwork and (2) what the bank paid, when, and to whom.

What Florida Law Says

POD accounts are a form of non-probate transfer. If you are the surviving POD beneficiary and you provide the bank the proof it requires (typically proof of death and identity), Florida law allows the bank to pay you, and the funds generally do not become part of the probate estate. Disputes usually focus on whether the POD designation was valid and whether someone improperly influenced the decedent’s choices.

The Statute

The primary law governing this issue is Fla. Stat. § 655.82.

This statute establishes that, when the last account owner dies, the sums on deposit belong to the surviving POD beneficiary or beneficiaries (typically in equal shares), and it authorizes the bank to pay the beneficiary upon proof of death—while also providing that payment made under the statute discharges the bank from claims for the amounts paid.

Why You Should Speak with an Attorney

Even when the bank is willing to release POD funds, family members or other interested parties may still challenge what happened (especially where there is a will, a trust for children, and multiple beneficiaries on different assets). The goal is to preserve evidence now so you can defend your position later if needed.

• Strict Deadlines: Challenges and related probate/trust disputes can move quickly once an estate is opened or litigation is threatened. Preserving records early helps your attorney respond before positions harden.
• Burden of Proof: Many disputes turn on whether there is proof of improper conduct (like fraud or undue influence) or proof that the decedent’s intent was different. For joint accounts, Florida law also recognizes presumptions that can be attacked only with specific proof (for example, fraud/undue influence or clear and convincing evidence of contrary intent). See Fla. Stat. § 655.79.
• Exceptions and Overlap with Estate/Trust Administration: Even though POD funds are typically non-probate, disputes can arise about whether the designation was changed late in life, whether the account was truly POD vs. joint, and whether the transfer conflicts with broader estate planning documents.

Records worth keeping (high-level): (1) the bank’s account agreement/signature card showing the POD designation and beneficiaries; (2) any bank correspondence confirming beneficiary status and the bank’s requirements; (3) proof-of-death documents you provided (and when); (4) proof of your identity submitted to the bank; (5) the bank’s final statement showing the date-of-death balance and the disbursement; (6) the check/wire confirmation and deposit records showing where the funds went; and (7) any communications from relatives or others disputing the transfer.

Trying to handle a contested beneficiary situation alone can lead to avoidable mistakes—especially if you are also named in the will and serving as trustee for your children’s share, which can create additional scrutiny and conflict-of-interest allegations.

If you want more background on POD accounts in Florida, you may find this helpful: How Does a Named Beneficiary Access a POD Bank Account After Death in Florida?.

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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.