The Short Answer

In Florida, banks generally will not “take instructions” from co-heirs to freeze or control a decedent’s account. The key document is typically a certified copy of the court-issued Letters of Administration (or Letters Testamentary) showing a personal representative has been appointed—because that is the person with legal authority to take possession/control of estate property.

If co-heirs are uncooperative and there’s a risk of funds being moved, an attorney can also seek court involvement to protect the estate, but the bank’s baseline requirement is proof of the personal representative’s authority.

What Florida Law Says

Florida probate law places responsibility on the personal representative (executor/administrator) to take control of estate assets and protect them during administration. That includes bank accounts that are part of the probate estate. Co-heirs do not automatically have authority to direct a bank, even if they are entitled to inherit later.

The Statute

The primary law governing this issue is Fla. Stat. § 733.607.

This statute establishes that the personal representative has the right to, and must, take possession or control of the decedent’s property (with limited exceptions such as protected homestead) and must take steps reasonably necessary to manage, protect, and preserve the estate until distribution.

Related authority also recognizes the personal representative’s broad power over estate assets: Fla. Stat. § 733.608.

Why You Should Speak with an Attorney

While the statute provides the general rule (the personal representative controls estate assets), applying it to bank accounts is rarely simple—especially when family members are fighting or someone has access to cards, online banking, or joint accounts. Legal outcomes often depend on:

• Authority Documentation: Banks typically require certified Letters of Administration/Testamentary (and often a death certificate). If no personal representative has been appointed yet, you may need immediate court action to get someone appointed with authority.
• Burden of Proof: If you believe funds are being withdrawn improperly, you may need evidence of transactions, account ownership type (individual vs. joint vs. POD/beneficiary), and who had access.
• Exceptions: Some accounts may pass outside probate (e.g., payable-on-death designations or certain joint accounts). Those may not be “estate property,” which changes what can be frozen and who can demand action.

Trying to handle this alone can lead to delays, missed opportunities to preserve assets, or disputes that escalate into expensive litigation. A Florida probate attorney can quickly determine whether the account is a probate asset, get the right authority in place, and pursue court protection if necessary.

For more background, you may also find these helpful: stopping someone from using a deceased parent’s accounts and what to show a bank to prove executor authority.

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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.