The Short Answer

In Florida, a beneficiary (or heir) usually cannot simply walk into a bank and take control of a decedent’s accounts after an intestate death. Access typically requires either a probate court authorization (summary administration or formal administration with a personal representative) or, in limited situations, a narrow statutory shortcut for very small bank accounts.

What Florida Law Says

Florida law draws a sharp line between (1) assets that pass through probate (like a bank account titled only in the decedent’s name with no beneficiary designation) and (2) assets that pass outside probate (like many life insurance policies with a named beneficiary). Safe deposit boxes have their own access rules—often allowing a limited “search” for specific documents, but not a free-for-all removal of contents.

The Statute

The primary law governing access to certain small, solely titled bank accounts without opening probate is Fla. Stat. § 735.303.

This statute allows a Florida financial institution to pay a decedent’s “qualified accounts” (certain depository accounts/CDs in the decedent’s sole name with no pay-on-death/survivor designation) to a defined “family member” without a court proceeding, but only if the combined total at that institution is $1,000 or less and at least 6 months have passed since death.

For safe deposit boxes, Florida law permits limited access to open and examine the box after proof of death, and it can allow delivery of specific documents (including a life insurance policy) to the appropriate person. See Fla. Stat. § 655.935.

For life insurance proceeds, Florida generally directs the proceeds to the person designated in the policy, and those proceeds are typically not part of probate unless payable to the estate. See Fla. Stat. § 222.13.

If the estate is larger than the narrow “$1,000 bank shortcut,” heirs often need a probate order (such as summary administration) to compel banks and other institutions to release probate assets. Florida’s summary administration eligibility is addressed in Fla. Stat. § 735.201.

Related reading: How can I access frozen assets and start probate in Florida without a personal representative? and Florida small estate options.

Why You Should Speak with an Attorney

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

• Strict Deadlines: Some “no probate” options have timing requirements (for example, the small bank-account payment under Fla. Stat. § 735.303 generally cannot be used until at least 6 months after death).
• Burden of Proof: Banks and safe deposit box lessors often require specific documentation (death certificate, affidavits, and/or court authority). If the asset is a probate asset, institutions commonly require court-issued authority before releasing funds.
• Exceptions: Whether something is a probate asset depends on title and beneficiary designations (POD/TOD, joint ownership, “payable to estate,” etc.). A mistake can trigger disputes among heirs or create personal liability for the person who collected funds.

Even when a shortcut applies, it can shift risk to the person collecting the funds. For example, Fla. Stat. § 735.303 includes acknowledgments about personal liability to creditors and others who are rightfully entitled to the funds. An attorney can evaluate whether probate is required, which procedure fits, and how to reduce the risk of later claims.

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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.