How Can I Obtain Bank Records and Signature Cards of a Deceased Person in North Carolina? - Florida
The Short Answer
In Florida, banks generally will not release a deceased person’s bank records or signature cards to family members just because they are next of kin. In most cases, you need legal authority—typically as the court-appointed personal representative (executor)—or you must use a court process (such as a subpoena) to compel production.
What Florida Law Says
Florida treats a financial institution’s books and records as confidential, and the bank is usually prohibited from disclosing them unless an exception applies. Practically, that means the person requesting records must show a recognized legal basis to receive them (for example, a court order/subpoena, or authority to act for the estate).
If your goal is to investigate possible forgery, undue influence, missing funds, or suspicious transfers, signature cards and historical statements can be critical evidence—but banks commonly require formal estate authority or compulsory process before they will produce them.
Related reading: What a Florida bank typically requires to release a deceased person’s account records.
The Statute
The primary law governing bank-record confidentiality and when records can be produced is Fla. Stat. § 655.059.
This statute establishes that a financial institution’s books and records are confidential and generally may be disclosed only in limited circumstances—such as when compelled by a court (including by subpoena) or when otherwise authorized by law.
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: If records are needed to support a probate dispute (like a will contest or fiduciary misconduct claim), waiting too long can limit your options even if the bank eventually produces documents.
- Burden of Proof: Signature cards and account-opening documents may be essential to prove who had authority, whether documents were authentic, and whether transactions were authorized.
- Exceptions: Banks may refuse voluntary disclosure to non-authorized family members; in many cases, you must establish estate authority (e.g., personal representative) or use a court-issued subpoena that complies with Florida law and procedure.
Trying to handle this alone can lead to delays, incomplete production, or objections that derail your case—especially when you’re seeking sensitive items like signature cards, account agreements, and historical statements.
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.
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.