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A Florida Probate Provided by Kracht Law Firm, P.A.

How are a deceased person’s bank accounts transferred?

It depends on how the account is titled. Accounts with a payable-on-death beneficiary or a joint owner pass directly. Accounts in the decedent’s name alone need probate, or, since July 2026, a bank may pay up to $2,000 to a family member by affidavit.

It depends on how the account is titled:

  • Payable-on-death (POD) beneficiary: the bank pays the beneficiary with a death certificate and identification (§ 655.82).
  • Joint account: presumed to belong to the surviving owner, unless the account terms say otherwise (§ 655.79).
  • The decedent’s name alone, no beneficiary: the bank needs a court order or letters of administration, which means probate, unless the total in the decedent’s sole-name accounts at all banks is $2,000 or less. For those, a bank may pay a close family member by sworn affidavit, but not until six months after the death (§ 735.303).

Small accounts: the family-member affidavit

Since July 1, 2026, Florida lets a bank pay a decedent’s family member, without any court proceeding, the funds in the decedent’s sole-name deposit accounts and CDs (with no POD or survivor designation) if the total at all institutions does not exceed $2,000 (§ 735.303, as amended by chapter 2026-57; the limit was previously $1,000). Who qualifies, in order: the surviving spouse; if none, an adult child; if none, an adult descendant; if none, a parent. The family member must provide a certified death certificate and a sworn affidavit in the statutory form, and the bank may not pay earlier than six months after the death. The person who receives the funds remains liable to creditors and others entitled to them.

The bank chooses whether to use this procedure; it is permitted, not required.

Accounts that need probate

For larger sole-name accounts, the bank will release funds to:

  • a personal representative with letters of administration, usually into a new estate account (§ 733.607); or
  • the persons named in an order of summary administration (§ 735.206).

Joint accounts

An account in two or more names is presumed to pass to the survivor. That presumption can be overcome only by proof of fraud or undue influence, or clear and convincing proof of a contrary intent. An account in the names of a married couple is treated as held by the entireties unless otherwise specified in writing (§ 655.79). Some accounts list a second person only as an agent on a “convenience account.” The money belongs to the account owner alone and is paid to the personal representative or under a court order, not to the agent (§ 655.80). Check the signature card.

Divorce and old designations

A POD designation naming a former spouse is generally void if the marriage was dissolved before the death, unless an exception applies (§ 732.703).

What changes the answer

  • The exact titling on the account records, not what the family assumes
  • Whether the POD beneficiary is still living
  • The total in sole-name accounts at all banks
  • Whether an estate is already open (which rules out the affidavit procedure)

An example

A man dies with a checking account naming his daughter as POD beneficiary, a savings account in his name alone with $1,600, and no other sole-name accounts. His daughter collects the checking account with a death certificate. For the savings account, she waits six months after his death, then gives the bank a certified death certificate and the statutory affidavit stating she is his adult child and he left no spouse. The bank may pay her the $1,600 without probate.

Common mistakes

  • Using a joint owner’s debit card or online access to drain a sole-name account
  • Assuming the will controls a POD account
  • Treating the agent on a convenience account as an owner
  • Trying the affidavit procedure when the total exceeds $2,000, or before six months have passed

What to gather

  • Recent statements for each account
  • The bank’s records showing owners and any POD beneficiary
  • Certified death certificates
  • Letters of administration or a summary administration order, if the account needs probate

Next step

Ask each bank in writing how the account is titled and who is listed on it. That one answer decides which path applies.

Related guidance

Sources: Florida Statutes § 655.79, § 655.80, § 655.82, § 732.703, § 733.607, § 735.206, and § 735.303 (2026); chapter 2026-57, Laws of Florida, section 9. Checked on October 23, 2026.

Talk with a Florida probate attorney about your next step.