The Short Answer

In Florida, a check payable only to a deceased person generally cannot be treated like a normal deposit item. Whether it can be deposited into an estate account (and who may sign/endorse) depends on whether a personal representative has been appointed, the type/amount of the refund, and the bank or issuer’s requirements.

Because the wrong endorsement can trigger rejection, delays, or personal liability, it’s usually best handled through a probate attorney coordinating with the bank and the issuer.

What Florida Law Says

Florida law provides limited “no-probate” pathways for certain small-dollar payments after death, but those pathways are narrow and fact-specific. For example, certain refunds and small accounts may be payable to a surviving spouse or certain family members by verified application or affidavit, and other property may require an estate representative to act on behalf of the decedent.

The Statute

The primary law governing this issue is Fla. Stat. § 735.302.

This statute establishes that when a federal income tax overpayment is determined in favor of a person who is deceased, and the refund is not more than $2,500, the refund may be paid directly to a surviving spouse (or, if no spouse, to a designated child) on a verified application meeting specific conditions.

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: Banks and issuers often impose time-sensitive requirements for stale-dated checks and for documentation after death, and delays can force a reissuance process.
• Burden of Proof: Financial institutions commonly require proof of authority (for example, letters of administration or other documentation) before they will accept any endorsement connected to a decedent.
• Exceptions: The rules differ depending on whether this is a federal tax refund (potentially implicating Fla. Stat. § 735.302), a small bank account payment by affidavit (potentially implicating Fla. Stat. § 735.303), or property treated as unclaimed property (which can raise personal-liability issues under Fla. Stat. § 717.12405).

Trying to handle this alone can lead to a rejected deposit, accusations of improper negotiation of the check, or avoidable probate complications—especially if there are multiple heirs, creditor issues, or questions about whether probate is required.

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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.