How can I claim or access my deceased parent’s stock account at Fidelity? - Florida
The Short Answer
You usually cannot “just access” a deceased parent’s Fidelity stock account in Florida unless you are the named beneficiary on the account (for example, a transfer-on-death designation) or you have court authority through a Florida probate process. If there is no beneficiary designation (or it’s disputed), Fidelity will typically require probate paperwork before it will transfer or release the assets.
What Florida Law Says
In Florida, when an asset is part of the decedent’s probate estate (meaning it does not pass automatically by beneficiary designation or survivorship), a court process is often required to establish who is entitled to receive it and to protect creditors and other heirs. For many families, the relevant question is whether the estate qualifies for a simplified probate option (like summary administration) or, in very limited situations, a “no administration” disposition.
The Statute
The primary law governing simplified probate for smaller estates is Fla. Stat. § 735.201.
This statute establishes that summary administration may be available when the Florida estate subject to administration (minus exempt property) is $75,000 or less, or when the decedent has been dead for more than 2 years.
In some very small estates, Florida also allows a court-authorized transfer of certain personal property without opening a full probate administration. See Fla. Stat. § 735.301 (disposition without administration), which is limited to specific situations tied to exempt property and certain priority expenses.
Related reading: Small Estate vs. Full Probate in Florida and POD/TOD beneficiary designations in Florida.
Why You Should Speak with an Attorney
While the statutes provide the general framework, getting a brokerage account transferred is rarely as simple as “showing the will.” Fidelity’s requirements often depend on how the account is titled, whether there is a beneficiary designation, and whether probate is required in Florida.
- Strict Deadlines: Summary administration can be available within 2 years, but creditor rights and the “more than 2 years since death” rule can change how claims are handled and what risk beneficiaries take on. See Fla. Stat. § 735.201 and § 735.206.
- Burden of Proof: If there’s no clear beneficiary designation, you may need a court order identifying who is entitled to receive the account and authorizing transfer—something financial institutions rely on for liability protection.
- Exceptions: Whether the account passes outside probate (beneficiary/TOD), through summary administration, or requires formal administration can turn on details like account titling, creditor issues, and whether there are disputes among heirs.
Trying to handle this alone can delay access to the funds, trigger family conflict, or result in a transfer being rejected by the brokerage due to missing or incorrect authority.
Get Connected with a Florida Attorney
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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.