The Short Answer

In Florida, most “frozen” assets (like bank and investment accounts) generally cannot be accessed until a court appoints a personal representative and issues Letters of Administration (letters of authority). There are limited exceptions—most commonly involving safe-deposit box access and certain small-estate options—but they are narrow and fact-dependent.

What Florida Law Says

Financial institutions typically require proof that someone has legal authority to act for the estate. In Florida, that authority usually comes from the probate court through the appointment of a personal representative and the issuance of letters. Without that authority, banks and other holders of assets often refuse to release funds to family members—even if everyone agrees—because they risk liability if they pay the wrong person.

The Statute

The primary law governing access to safe-deposit box contents after death is Fla. Stat. § 655.936.

This statute provides that a financial institution must deliver safe-deposit box contents and property held for safekeeping to a Florida-appointed personal representative upon presentation of certified letters of authority, and it also ties the “initial opening” rules to the probate code’s inventory requirements.

Related Florida probate law also addresses how a decedent’s safe-deposit box is opened and inventoried in probate. See Fla. Stat. § 733.6065.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict authority requirements: Banks commonly require certified Letters of Administration before releasing funds, and safe-deposit box access has separate statutory rules (including inventory/signature requirements). See Fla. Stat. § 655.936 and Fla. Stat. § 733.6065.
• Burden of proof: If there’s no appointed personal representative yet, you may still need to prove who has priority to serve, whether a will exists, and whether the asset is even a probate asset (for example, joint accounts and beneficiary-designated accounts often pass outside probate).
• Exceptions and limited-access situations: Florida law allows certain limited safe-deposit box access for specific purposes (like locating and delivering a will) under Fla. Stat. § 655.935, but using the wrong process can create disputes, delays, or allegations of improper handling.

Trying to “unlock” assets without the right court authority can backfire—especially if there are multiple heirs, creditor issues, or questions about whether an asset is exempt or non-probate.

If you want more background on related issues, you may find these helpful: getting bank and investment account information during Florida probate and stopping unauthorized use of a deceased person’s accounts.

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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.