How to Access a Deceased Person's Bank Account in Florida

Updated July 21, 2026

by Thomas Walser, Probate Attorney

When someone passes away, one of the first questions surviving family members ask is, "How do I access my loved one's bank account?" Unfortunately, many people are surprised to learn that even a spouse or adult child usually cannot simply withdraw money from a deceased person's individual bank account.

Instead, Florida law establishes a legal process for collecting estate assets, protecting creditors, and ensuring property is distributed to the correct beneficiaries. In most cases, the person with legal authority to access a deceased person's bank account is the Personal Representative appointed by the probate court.

Recent updates to Florida probate law have also strengthened the authority of Personal Representatives by providing additional protections when financial institutions refuse to recognize valid court orders or create unnecessary delays.

Whether you're beginning probate or simply trying to understand your rights, here's what you need to know.

What Happens to a Bank Account After Someone Dies?

When a bank receives notice that an account holder has died, it will often freeze individual accounts held solely in the deceased person's name.

The purpose of freezing the account is to:

• Protect estate assets
• Prevent unauthorized withdrawals
• Ensure debts are paid properly
• Allow the probate process to determine who legally receives the remaining funds

However, not every bank account becomes part of probate.

Some accounts transfer automatically after death.

These include:

• Joint bank accounts with rights of survivorship
• Payable-on-Death (POD) accounts
• Transfer-on-Death (TOD) accounts (where permitted)
• Certain trust-owned accounts

Because every account is titled differently, determining whether probate is necessary often requires reviewing ownership documents and beneficiary designations.

Who Has the Legal Authority to Access a Deceased Person's Bank Account?

In Florida, the person with legal authority to access estate bank accounts is typically the Personal Representative appointed by the probate court.

After appointment, the court issues Letters of Administration, which serve as official proof that the Personal Representative has authority to:

• Collect estate assets
• Access financial accounts
• Pay valid debts
• Manage estate property
• Distribute assets to beneficiaries

Banks are generally entitled to verify both the identity of the Personal Representative and the validity of the Letters of Administration before releasing estate funds.

Can a Spouse Access a Deceased Spouse's Bank Account?

It depends on how the account was owned.

Joint Account

If the account is jointly owned with rights of survivorship, the surviving spouse usually becomes the sole owner automatically and can continue using the account without probate.

Individual Account

If the account was owned solely by the deceased spouse, the surviving spouse generally cannot access the funds simply because of the marriage. Unless another exception applies, probate will usually be required before the funds can be collected.

Can Children Withdraw Money From a Parent's Bank Account?

Generally, no.

Even if an adult child:

• Knows the online banking password
• Has the debit card
• Previously helped manage finances
• Is named in the will

they usually cannot legally withdraw funds after the account holder dies unless they have legal authority through probate or are otherwise listed as a joint owner or beneficiary.

Attempting to access the account without authorization could create legal complications during estate administration.

What Documents Does a Bank Usually Require?

Most financial institutions request:

• Certified death certificate
• Letters of Administration
• Government-issued identification
• Estate tax identification number (if required)
• Estate banking documentation

Once these documents are provided, the bank should generally recognize the Personal Representative's legal authority.

Common Problems Families Experience With Banks

Even relatively simple estates sometimes encounter delays.

Some common issues include:

• Frozen accounts
• Delayed responses
• Requests for unnecessary paperwork
• Multiple certified death certificates
• Proprietary internal bank forms
• Questions about beneficiary designations
• Difficulty locating all financial accounts

These issues can significantly delay estate administration and increase stress for grieving families.

Florida's New Probate Law Strengthens Personal Representatives

Effective July 1, 2026, Florida enacted legislation designed to reduce unnecessary obstacles created by financial institutions during probate.

Historically, some banks required additional procedures beyond what Florida law required, such as:

• Proprietary internal forms
• Extra indemnification agreements
• Visits to specific branch locations
• Multiple certified death certificates
• Other unnecessary documentation

The new law provides stronger legal protections for Personal Representatives when financial institutions fail to recognize valid Letters of Administration or otherwise interfere with estate administration.

What Happens If a Bank Refuses to Release Funds?

If a financial institution refuses to honor valid Letters of Administration without legal justification, the Personal Representative may seek assistance from the probate court.

Under Florida's updated probate laws, courts may order financial institutions to comply with the Personal Representative's lawful authority.

In appropriate cases, courts may also require the financial institution to pay the Personal Representative's attorney's fees and costs when the refusal to cooperate was unjustified. These protections are intended to encourage compliance and reduce unnecessary delays for Florida families.

When Is Probate Required to Access a Bank Account?

Probate is commonly required when:

• The account is owned solely by the deceased.
• No payable-on-death beneficiary exists.
• No surviving joint owner exists.
• The account is not held in a trust.

Every estate is different, and multiple accounts may each require separate analysis.

Can You Avoid Probate for Bank Accounts?

In some cases, yes.

Proper estate planning may allow certain bank accounts to pass outside probate through:

• Revocable Living Trusts
• Payable-on-Death (POD) designations
• Joint ownership with rights of survivorship
• Comprehensive estate planning

These strategies should be discussed with an experienced Florida estate planning attorney to ensure they align with your family's goals.

Frequently Asked Questions:

Can I use my loved one's debit card after they die?

Generally, no. Using a deceased person's debit card without legal authority can create legal issues, even if you intend to use the funds for funeral expenses or bills.

How long does it take to access a deceased person's bank account?

The timeline depends on whether probate is required. Accounts with joint owners or payable-on-death beneficiaries may transfer quickly, while probate estates often take several months.

Does every bank account have to go through probate?

No. Joint accounts, trust-owned accounts, and payable-on-death accounts often pass outside probate.

Can a bank refuse Letters of Administration?

Banks may verify the Personal Representative's authority, but they generally should honor valid Letters of Administration. Florida's 2026 law provides additional protections when financial institutions refuse to cooperate without legal justification.

Why Choose Walser Law Firm?

Navigating probate while dealing with financial institutions can be frustrating—especially while grieving the loss of a loved one.

For more than 40 years, Walser Law Firm has helped Florida families administer estates efficiently and resolve probate issues involving banks, creditors, and estate assets. Our attorneys have successfully handled over 4,000 probate matters, including more than 1,000 Summary Administration cases. Attorney Thomas Walser is a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, bringing both legal and financial experience to every probate matter.

If you need help accessing a deceased loved one's bank accounts or have questions about Florida probate, contact Walser Law Firm to schedule a consultation.

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