Detailed Answer — How to stop others from using a deceased parent’s bank and credit card accounts in Florida
When a person in Florida dies, most accounts that were solely in that person’s name become part of the decedent’s estate. Only an authorized person — usually the personal representative (executor/administrator) appointed by the probate court or an authorized beneficiary under a named-payee arrangement (for example, a payable-on-death (POD) or joint account with right of survivorship) — has legal authority to access or direct funds in those accounts. If someone else is using accounts after your parent’s death, act quickly. The faster you act, the easier it is to stop misuse and preserve assets for the estate.
Key legal foundations in Florida
- Florida probate law governs who may control and distribute a deceased person’s property. See Florida probate statutes, chapter 733 (Administration of Estates): Fla. Stat. ch. 733.
- Summary administration (a faster form of probate in many cases) is in chapter 735: Fla. Stat. ch. 735.
- If there is no will, intestate inheritance rules apply under chapter 732: Fla. Stat. ch. 732.
- Unauthorized use of funds or credit cards may also be criminal (theft, fraud). See Florida’s theft and fraud chapters: Fla. Stat. ch. 812 (theft) and Fla. Stat. ch. 817 (fraud).
Practical step-by-step actions
- Get several certified copies of the death certificate. Banks and card companies require them to close or freeze accounts. Request them from the funeral home or the county health department.
- Identify how each account is titled. Determine whether each bank account or investment account is:
- Joint with right of survivorship (passes automatically to the surviving joint owner),
- Named POD/beneficiary (passes to the named beneficiary without probate),
- Solely in the decedent’s name (becomes estate property and typically requires a personal representative to access), or
- Owned by a trust or retirement account (may have separate beneficiary rules).
Request account statements and copies of account agreements from the financial institutions. If the person using the accounts refuses to provide documents, you will need to involve the bank and possibly the court.
- Call the banks and card issuers immediately. Tell them the account owner died and ask them to place a freeze or hold on the accounts to prevent further withdrawals or charges until the estate is properly handled. Ask for the fraud department and get the name and reference number of the person you speak with. Keep records of calls and written correspondence.
- If someone is actively using the accounts without authority, report the misuse to the bank and to law enforcement. Ask the bank to reverse or investigate unauthorized charges. File a police report describing the suspected theft or fraud and provide copies of statements. Keep copies of the police report for the probate file and to present to banks or courts.
- Consider identity-theft/credit-protection steps for credit cards. Contact each credit-card company to cancel the card, dispute unauthorized charges, and request chargebacks. File an identity-theft report with the Federal Trade Commission (identitytheft.gov) and consider placing fraud alerts with major credit reporting agencies.
- If you need legal authority to manage or recover assets, seek appointment as personal representative through probate.
- File a petition for administration in the circuit court in the county where the decedent lived. The clerk of the circuit court’s probate division handles petitions for Letters of Administration or Letters Testamentary (if there is a will).
- When the court issues Letters of Administration or Letters Testamentary, the personal representative has legal authority to collect and manage estate assets, including bank accounts, and to pursue claims against persons who misused funds. See general probate rules: Fla. Stat. ch. 733.
- For smaller estates, use summary procedures if eligible. Florida allows summary administration in many cases (for example, when the probate estate is small or the decedent died more than two years ago). Summary administration is faster and simpler than full administration. See: Fla. Stat. ch. 735. If your situation qualifies, you can obtain authority to collect and distribute assets without full probate.
- Preserve documentation and evidence. Save bank statements, photos of checks, copies of emails or texts, and written communications showing who used the accounts. Produce these to the bank, to law enforcement, and to the probate court if needed.
- Send a written demand if appropriate. If someone (for example, an adult child or caregiver) is taking money but you want to try to resolve the matter short of court, send a clear, dated written demand (certified mail, return receipt) asking them to stop using the accounts and to return specific funds within a deadline. That creates a record if you later sue or press criminal charges.
- Hire an attorney when necessary. If banks refuse to freeze accounts, the person using the funds denies wrongdoing, the amount misused is substantial, or you need to file probate papers or a civil claim, consult a probate or elder law attorney. An attorney can file emergency probate motions or injunctive relief to freeze assets and can pursue civil recovery or coordinate with prosecutors.
When criminal charges may apply
If someone knowingly takes money or uses the decedent’s credit cards without authority, actions may violate Florida law on theft and fraud. Report suspected criminal conduct to local law enforcement and provide documentation. Prosecutors decide whether to bring criminal charges, while you can pursue civil recovery through the probate estate.
Typical timeline
Some immediate steps (hours–days): obtain death certificate, contact banks and card issuers, place freezes, file police report. If you need court authority, the probate process (formal administration) can take months; summary administration can be much faster (weeks–months) depending on court schedules and complexity.
Who can help
- Clerk of the circuit court — probate division in the county where the decedent lived (for filing petitions).
- Bank fraud departments — to freeze accounts and investigate charges.
- Local police — to report theft or fraud.
- Probate/estate attorney — to file for appointment and protect estate assets.
Important legal references: Florida probate and estate administration rules are primarily in chapter 733 (administration) and chapter 735 (summary administration). See Fla. Stat. ch. 733, Fla. Stat. ch. 735, and intestacy rules at Fla. Stat. ch. 732. Potential criminal liability for misuse is covered generally under Florida’s theft and fraud statutes: Fla. Stat. ch. 812 and Fla. Stat. ch. 817.
Disclaimer: This information is educational only and does not constitute legal advice. For advice on your specific situation, contact a licensed Florida probate or elder-law attorney.
Helpful Hints
- Act immediately: financial misuse often continues quickly after death. Time-sensitive actions include freezing accounts, filing police reports, and preserving evidence.
- Gather paperwork before contacting banks: certified death certificate, photo ID, any wills, and recent statements for each account speed up interactions.
- Ask banks in writing to freeze accounts and provide written confirmation of any freezes or investigations.
- Don’t confront an individual alone if you feel unsafe. Involve law enforcement or an attorney.
- If the decedent’s accounts were small and clearly payable to a named beneficiary, ask the bank about their payable-on-death (POD) procedures before filing probate paperwork.
- Keep a careful timeline and file notes of all phone calls (who you spoke with, date/time, and what they said).
- When in doubt about filing probate vs. summary administration, consult the local probate clerk or an attorney — every case is fact-specific.
- Be aware that some institutions release small sums to next-of-kin without probate when provided a death certificate and ID; larger balances typically require court authority.