How can I get information on my sibling’s frozen bank and investment accounts during probate? - Florida
The Short Answer
In Florida, banks and brokerages typically will not release detailed account information to a sibling just because you are family—especially once the account is frozen after death. In most cases, the person with legal authority to obtain statements, balances, and records is the court-appointed personal representative (executor) using Letters of Administration, or someone with a specific court order.
What Florida Law Says
Financial institutions have confidentiality obligations and generally can only disclose account records to the account holder or someone legally authorized (or when compelled by court process). In probate, that authority usually comes from the personal representative’s court appointment. If no probate has been opened yet, your ability to get information is often limited until the proper estate procedure is in place.
The Statute
The primary law governing this issue is Fla. Stat. § 655.059.
This statute establishes that a financial institution’s books and records are generally confidential and may be produced only in limited circumstances (for example, with the account holder’s authorization or when compelled by a court/subpoena), which is why banks often refuse to speak with family members who are not the personal representative.
For safe-deposit boxes, Florida law specifically gives access to a Florida-appointed personal representative upon presentation of certified letters of authority, subject to the initial-opening rules. See Fla. Stat. § 655.936 and Fla. Stat. § 733.6065.
There is also a narrow exception for very small, qualifying bank accounts (up to $1,000 at a single institution, after a waiting period and with a sworn affidavit) that may allow a family member to receive funds without a full probate proceeding. See Fla. Stat. § 735.303.
If your concern is that the executor/personal representative is not sharing information, you may also want to read: Can I force an executor to disclose estate account information in Florida?
Why You Should Speak with an Attorney
Even though the general rule sounds simple (“only the authorized person gets the records”), the right approach depends on how the accounts are titled and what probate process applies. Legal outcomes often depend on:
- Strict Deadlines: If you need to challenge actions taken with estate property or seek court intervention, waiting can reduce options and increase the risk that assets move or records become harder to obtain.
- Burden of Proof: If you suspect missing assets, improper withdrawals, or undue influence, you typically need admissible documentation (statements, beneficiary designations, transfer records) and the right legal authority to demand it.
- Exceptions: Some assets may be non-probate (e.g., pay-on-death beneficiaries, joint accounts, certain retirement accounts), which changes who is entitled to information and what the personal representative can demand.
Trying to handle this alone can lead to delays, incomplete disclosures, or a bank/brokerage refusing to cooperate—especially if you are not the court-appointed personal representative. A Florida probate attorney can quickly determine the correct authority (letters of administration, court order, or other probate procedure) and pursue the right channel to obtain the records.
Get Connected with a Florida Attorney
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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.