The Short Answer

In Florida, whether you can close an estate-related bank account (and get a bank “closing statement” or similar confirmation) depends on who has legal authority to act for the estate and whether the funds can be released without a probate court order. If the account is being handled outside of probate under a small-estate rule, the bank will typically require specific statutory documentation (such as a death certificate and a sworn affidavit) before it will release funds and treat the matter as closed.

What Florida Law Says

Florida law provides limited situations where a financial institution may release a deceased person’s bank funds without a probate proceeding. One of the most direct statutes for bank accounts is a “payment to successor” rule that allows a qualifying family member to obtain funds from certain accounts if strict conditions are met (including a waiting period and a sworn affidavit). If those conditions are not met, the bank commonly requires probate authority (for example, letters of administration) before it will close the account and issue any final confirmation.

The Statute

The primary law governing this issue is Fla. Stat. § 735.303.

This statute establishes that, in limited circumstances, a Florida financial institution may pay funds from certain “qualified accounts” to a qualifying family member without any court proceeding if the statutory requirements are satisfied (including providing a certified death certificate and a sworn affidavit, and waiting at least 6 months after death).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even when an estate is in probate, Florida practice expects estates to move toward closure on a defined timeline (often tied to when letters of administration were issued), and delays can trigger objections or court involvement.
• Burden of Proof: Banks frequently require documentation showing the signer has authority (or that the account qualifies for a no-court transfer). If the account is not a “qualified account,” has a beneficiary/POD designation, is jointly titled, or exceeds statutory limits, the bank may refuse closure without probate authority.
• Exceptions: The small-estate bank affidavit process under Fla. Stat. § 735.303 applies only in narrow circumstances (including account type, family-member status, dollar limits, and a 6-month waiting period). Using the wrong approach can create personal liability exposure and disputes among heirs/creditors.

Trying to handle this alone can lead to delays, bank refusals, or disputes that can ultimately force a probate filing anyway—often after time and money have already been spent.

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.