The Short Answer

In Florida, banks typically require proof that you have been appointed by the probate court as the estate’s personal representative (often called an “executor”). In most cases, that proof is a certified copy of the court-issued Letters of Administration (sometimes referred to as “letters testamentary”), plus identification and any bank-specific forms.

What Florida Law Says

Florida law recognizes that third parties holding a decedent’s property (including financial institutions) need reliable proof of who has legal authority to act for the estate. That authority generally comes from a court appointment in a probate administration, evidenced by the court’s issuance of letters to the personal representative.

The Statute

The primary law that often comes up when a bank is dealing with someone appointed outside Florida (or when there are cross-state issues) is Fla. Stat. a7 734.101.

This statute authorizes certain people who hold estate property (and debtors of the estate) to deliver property or make payment to a foreign personal representative under specific conditions, and it contemplates using authenticated copies of letters (or other evidence of authority) as proof.

For very small, qualifying bank accounts, Florida also provides a limited alternative that may avoid a full probate case in narrow circumstances: Fla. Stat. a7 735.303. It allows a financial institution to pay certain “qualified accounts” to a family member without a court proceeding if strict requirements are met (including a waiting period and a sworn affidavit), and only up to the statute’s dollar limit.

If you want additional background on bank/estate account issues, you may also find these helpful: getting an estate EIN in Florida.

Why You Should Speak with an Attorney

While the general rule is “show the letters,” problems often come up that can delay access to funds or create personal liability. Legal outcomes often depend on:

• Strict bank compliance rules: Many banks will not act on a will alone and may require recently issued certified letters, specific affidavits, or additional court documentation depending on how the account is titled.
• Burden of proof: If there are competing family members, questions about the will, or uncertainty about whether probate is required, the bank may freeze accounts until the court appointment is clear.
• Exceptions and special situations: Pay-on-death designations, joint accounts, trust accounts, out-of-state appointments (where Fla. Stat. a7 734.101 may matter), and the small-account affidavit option under Fla. Stat. a7 735.303 can all change what the bank can legally do.

Trying to force the issue without the right authority documents can lead to delays, rejected requests, or disputes with heirs and creditors. A Florida probate attorney can quickly confirm the correct administration path and provide the documentation banks typically accept.

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.

Find a Florida Attorney Now

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.