The Short Answer

Yes. In Florida, a person generally does not have authority to use a deceased person’s solely-owned bank account just because they are a child or “next of kin.” Until a court appoints a personal representative (administrator) and issues authority, withdrawals and payments can be challenged—especially if they were not clearly authorized and not clearly for the estate’s benefit.

What Florida Law Says

Florida probate law draws a bright line: the personal representative’s legal duties and powers start at appointment, not before. There is a limited “relation back” concept that can validate certain pre-appointment acts, but only when the act is by the person who is later appointed and the act is beneficial to the estate—and even then, it can be disputed depending on the facts.

The Statute

The primary law governing this issue is Fla. Stat. § 733.601.

This statute establishes that a personal representative’s powers generally begin upon appointment, and only certain pre-appointment acts may be treated as valid later if they were beneficial to the estate (and typically if done by the person who is ultimately appointed).

Also note: Florida has a very narrow “small bank account” shortcut that allows a financial institution to pay out up to $1,000 (after 6 months) to certain family members by affidavit—this is not a general permission to use a decedent’s account to pay bills. See Fla. Stat. § 735.303.

If you want more background reading, see: Can a “Co-Signer” Close a Deceased Person’s Bank Account and Use the Money Before Probate in Florida? and What Do I Need in Florida to Freeze or Secure a Deceased Person’s Bank Accounts When Co-Heirs Won’t Cooperate?.

Why You Should Speak with an Attorney

Even when a sibling claims they were “just paying the mortgage,” these situations can turn into expensive probate disputes quickly. Whether you can successfully challenge the transactions often depends on details that matter legally (account title, authority, documentation, and whether the payments truly benefited the estate).

Legal outcomes often depend on:

• Authority vs. access: Having the ability to access an account (password, debit card, online login) is not the same as having legal authority to use it after death under Fla. Stat. § 733.601.
• “Beneficial to the estate” disputes: Mortgage payments might preserve estate value, but the analysis can change if (for example) the sibling lives in the home, is reimbursing themselves, is paying the wrong debt, or is mixing personal and estate funds.
• Risk of later surcharge or repayment: If a personal representative is appointed (whether your sibling or someone else), the estate may seek an accounting and repayment for unauthorized transfers—often leading to contested administration and litigation.

Because the wrong move can escalate conflict, trigger claims of misconduct, or permanently complicate administration, it’s smart to get a Florida probate attorney involved early—especially before money continues to leave the account.

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.