The Short Answer

In Florida, a death certificate by itself is often not enough to close or access a deceased parent’s bank account—unless the account has a survivorship feature (like a joint account) or a pay-on-death beneficiary, or the situation qualifies for a narrow small-account exception.

Most of the time, the bank will require proof of legal authority (such as a court order in probate) before releasing funds.

What Florida Law Says

Whether you can access the account depends on how the account is titled and whether it has a beneficiary designation. Some accounts pass outside probate (for example, pay-on-death accounts), while others become part of the probate estate and generally require a court process to transfer or close.

The Statute

The primary law that sometimes allows a bank to release funds with a death certificate (and an affidavit) without a probate case is Fla. Stat. a7 735.303.

This statute permits a Florida financial institution to pay certain funds from a decedent’s qualified account to a family member without any court proceeding, but only if strict conditions are met (including a waiting period and a low dollar cap).

Separately, if the account is set up as a pay-on-death account, Florida law addresses who owns the funds at death under Fla. Stat. a7 655.82, which generally allows the bank to pay the surviving beneficiary once proof of death is provided.

Why You Should Speak with an Attorney

Even when you have a certified death certificate, banks are cautious because releasing funds to the wrong person can create liability. Whether you can access the account may turn on details that are easy to miss but legally decisive, including:

• Strict eligibility limits: The “no-court” bank payout option under Fla. Stat. a7 735.303 is limited to certain family members, applies only to certain sole-owner accounts without beneficiary/survivor designations, has a $1,000 aggregate cap per institution, and generally cannot be used until 6 months after death.
• Burden of proof: The bank will look for documentation showing who is legally entitled to the funds (beneficiary designation, survivorship language, or a probate court order). If the account title or signature card is unclear, disputes can arise quickly.
• Probate alternatives and creditor issues: If the account must go through probate, the correct path may be summary administration (see Fla. Stat. a7 735.201) or another procedure—and mistakes can delay access to funds or create personal liability if creditors are overlooked.

If you’re trying to pay bills, handle final expenses, or distribute money to siblings, getting the legal authority right matters. An attorney can quickly determine whether the account passes outside probate, qualifies for a small-estate shortcut, or requires a probate filing—and can communicate with the bank so you don’t get stuck in a loop of “we need more paperwork.”

For more background, you may find these helpful: what banks typically require to prove you can close accounts and Florida small-estate probate options.

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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.