The Short Answer

In Florida, the person with legal authority to collect and handle a deceased person’s property (including checks connected to the estate) is typically the court-appointed personal representative (often called the “executor”). If no personal representative has been appointed yet, other family members generally do not have the same legal authority to receive and negotiate estate-related checks, and third parties (like a current occupant at a former address) may be unwilling or unable to release mail to them.

What Florida Law Says

Probate administration is designed to create one legally recognized decision-maker for the estate. Once appointed, the personal representative is expected to move the estate administration forward and handle estate matters on the estate’s behalf, including coordinating collection and distribution of assets and addressing issues that arise with third parties.

The Statute

The primary law governing who serves in this role is Fla. Stat. § 733.302.

This statute establishes who is qualified to be appointed as a Florida personal representative—i.e., the person the court can authorize to act for the estate.

In addition, Florida law expects the personal representative to move the administration along without waiting for constant court orders. See Fla. Stat. § 733.603.

Why You Should Speak with an Attorney

Mail and checks are often where probate problems start—because the “right” person in the family is not always the person with legal authority. Even when everyone agrees, banks, payors, and third parties may refuse to cooperate without formal probate authority.

• Authority questions: Whether a check is payable to the decedent, “the estate,” or a specific relative can change who can lawfully take possession and what documentation the payor/bank will require.
• Risk of mishandling: If someone other than the personal representative takes control of estate-related checks, it can trigger disputes among heirs/beneficiaries or allegations of improper handling of estate property.
• Third-party refusal is common: As in your situation, a current occupant may insist on “return to sender” and refuse to hand over mail—especially if they are concerned about privacy, liability, or doing the wrong thing.

An attorney can quickly identify who should be appointed (or whether a simplified probate option may apply), communicate with the issuer of the check, and help ensure the estate’s assets are collected and distributed correctly.

If you want more background on the role that controls estate assets, see: What Are an Executor’s (Personal Representative’s) Responsibilities During Probate in Florida?. You may also find this helpful depending on how the check is titled: How Can I Access Frozen Assets and Start Probate in Florida Without a Personal Representative?.

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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.