The Short Answer

In Florida, whether you can receive the funds without probate depends on how the account was titled and what beneficiary (pay-on-death) paperwork the bank has on file. If the bank is refusing to release the money, it is often because the account records do not clearly show a valid beneficiary designation, the bank requires specific documentation, or the bank believes probate authority is required.

What Florida Law Says

Florida law provides a narrow, bank-friendly method for releasing certain small bank funds without a court case, but it applies only in specific circumstances. If the account is not clearly payable to you by contract (for example, the bank’s beneficiary designation is missing, outdated, or disputed), the bank may insist on probate documentation (such as letters of administration) before it will pay anyone.

The Statute

The primary law governing this issue is Fla. Stat. § 735.303.

This statute allows a Florida financial institution to pay certain limited funds from a decedent’s qualified account (generally, an account in the decedent’s sole name without a pay-on-death or other survivor designation) to a qualifying family member by affidavit—only if the total at that institution is $1,000 or less and at least 6 months have passed since death.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even the small-account affidavit option under Fla. Stat. § 735.303 cannot be used until at least 6 months after the date of death, and it only applies in limited situations.
• Burden of Proof: Banks commonly require proof that the beneficiary designation is valid and matches their internal records; if the bank’s records are incomplete or inconsistent, you may need probate authority or a court determination to establish entitlement.
• Exceptions: Fla. Stat. § 735.303 does not apply to accounts that already have a pay-on-death/beneficiary designation (or other survivorship feature), and it is limited to certain family members and small dollar amounts—so the “right” solution may be a probate administration (or another legal route) rather than an affidavit.

Trying to handle this alone can lead to delays, a bank “no” that never gets resolved, or mistakes that create personal liability (including signing affidavits that don’t fit the account type). A probate attorney can quickly identify whether the bank is correctly treating the account, what legal authority is actually required, and how to pursue release of the funds without creating avoidable risk.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.