The Short Answer

In Florida, an “estate bank account” is typically opened by the court-appointed personal representative after the probate court issues Letters of Administration. If there is no probate (or no personal representative), Florida law only allows limited bank payments in narrow small-estate situations—those situations usually do not involve opening a new estate account with an EIN.

What Florida Law Says

Most banks will require proof that someone has legal authority to act for the estate before they will open an account titled in the estate’s name (even if you already obtained an EIN from the IRS). In Florida, that authority generally comes from a probate appointment (Letters of Administration). Separate from opening an estate account, Florida also has a limited rule that lets a qualifying family member collect up to a small amount from certain bank accounts without a court proceeding, but it is restricted and comes with personal liability.

The Statute

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

This statute establishes that a Florida financial institution may pay funds from certain “qualified accounts” to a defined “family member,” without any court proceeding, only if the combined total at that institution is $1,000 or less and at least 6 months have passed since death, and only after the family member provides a certified death certificate and a sworn affidavit meeting the statute’s requirements.

Why You Should Speak with an Attorney

While the statute provides a narrow shortcut for very small bank balances, applying it to your situation—and determining whether you actually need probate to open an estate account—can be legally risky. Outcomes often depend on:

• Strict Deadlines: Under Fla. Stat. § 735.303, a bank cannot pay under the affidavit procedure earlier than 6 months after the date of death, and the rule only applies if the statutory conditions are met.
• Burden of Proof: Banks often require specific documentation (and will reject requests) if the account is not a “qualified account,” if there is any pay-on-death designation, or if there are signs a probate case is needed to establish authority.
• Exceptions: The affidavit process is limited to certain family members, capped at $1,000 per institution, and requires sworn statements including that no personal representative has been appointed and no probate or summary administration has been started—facts that can be complicated if there is a will, disputes, creditors, or multiple beneficiaries.

Trying to handle this alone can lead to delays, rejected bank requests, or personal liability if funds are collected improperly.

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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.