Disclaimer

This article explains general Florida law and common steps people take. It is educational only and not legal advice. Consult a Florida probate attorney to get advice tailored to your situation.

Detailed answer — how Florida law treats use of a decedent’s account before a personal representative is appointed

Short answer: In many cases you can challenge a sibling’s use of a deceased parent’s bank account before they are officially appointed personal representative, but the proper path depends on how the account was titled, what withdrawals occurred, and whether any emergency relief is needed.

1. Identify the account ownership and rights

First determine how the bank account was titled. The title controls who may lawfully use funds:

• If the account was solely in the decedent’s name, withdrawals by someone other than an appointed personal representative are generally unauthorized and may be recoverable.
• If the account was a joint account with your sibling named as a joint owner (with rights of survivorship), the sibling may become the rightful owner on the decedent’s death and can usually use the money.
• If the account is payable-on-death (POD)/transfer-on-death to a named beneficiary, the POD beneficiary typically obtains the funds at the owner’s death.

Check bank records, the signature card, and beneficiary designations. If you are unsure how the account was titled, request an account transcript or call the bank and tell them the owner died. Banks will often require a death certificate before releasing funds or changing account status.

2. If the sibling had no authority — immediate steps

If the account was solely in the parent’s name, and your sibling is withdrawing funds to pay the mortgage (or for other purposes) without being appointed, you can take these actions:

• Notify the bank in writing of the decedent’s death and request the bank freeze or hold disbursements from the account until the court appoints a personal representative. Provide a copy of the death certificate.
• Preserve evidence: save account statements, withdrawal slips, and communications showing the withdrawals and purpose (mortgage payments, transfers, cash withdrawals).
• Contact the mortgage lender to explain the situation. Some lenders will accept a stop payment or allow a temporary arrangement if you explain the account dispute.
• File a petition for administration (or request that someone else do so) so a personal representative can be appointed by the probate court. A court-appointed personal representative has legal authority to manage estate funds and can reverse improper transfers or sue for recovery.

3. Emergency and court remedies

If funds are being dissipated or you believe the estate will be harmed, Florida courts can provide expedited relief. Typical remedies include:

• Requesting the court to appoint a personal representative promptly so someone with authority can act for the estate. Florida’s probate statutes govern appointment and administration procedures; see Florida Statutes, chapter 733 (Administration of Estates) for the underlying rules: Fla. Stat. ch. 733.
• Seeking temporary injunctive relief or a motion asking the court to stop a sibling from further spending estate funds pending appointment and full hearing.
• Pleading conversion, unjust enrichment, or an accounting in probate court to recover funds taken without authorization. If funds were taken unlawfully, criminal theft statutes may also apply; see Florida Statutes, chapter 812 (Theft): Fla. Stat. ch. 812.

4. When a sibling may be protected

If the sibling is a joint owner or a named POD beneficiary, they often have a legal right to the funds and courts will usually respect the account’s title. If your sibling reasonably believed they had authority (for example, as a joint account holder or because the decedent gave them permission while alive), courts weigh that factual evidence. That is why early documentation and careful review of account titles matter.

5. Small estate or limited remedies

Florida law allows disposition of some property without full administration (small estate procedures). These procedures affect who can collect certain assets and when. See Florida’s provisions on disposition without administration for details: Fla. Stat. ch. 735.

6. Practical considerations: mortgage payments

Even if withdrawals were improper, continuing mortgage payments can prevent foreclosure. A court-appointed personal representative can prioritize mortgage payments as a valid expense of administration. If you oppose your sibling’s use of the account but the account holder’s home may go into foreclosure, explain this to the probate court — the court balances preventing loss to estate assets against stopping wrongful dissipation.

Helpful Hints

• Act quickly. The faster you preserve evidence and notify the bank, the more likely you can stop improper transfers.
• Get multiple certified copies of the death certificate. Banks and courts require them.
• Contact the bank’s estate or fiduciary department and ask what documentation they require to freeze or restrict the account.
• Do not take unilateral self-help (for example, forcibly removing the sibling or seizing property). That can cause legal problems. Use court procedures instead.
• Keep the mortgage company informed. Preventing foreclosure may be an immediate shared interest even if you dispute the account use.
• If you think funds were stolen or fraud occurred, you can report it to local law enforcement in addition to pursuing probate remedies. Criminal investigation can run in parallel with civil probate actions.
• Consult a probate attorney for options such as emergency appointment of a personal representative, temporary injunctive relief, or filing a petition to recover misused funds. An attorney can file the correct petitions under Florida’s probate code (see Fla. Stat. ch. 733) and advise whether small-estate procedures (ch. 735) apply.