What documents do banks typically require before they will release a deceased person’s account records for an estate? - Florida
The Short Answer
In Florida, banks typically require proof of death and proof that someone has legal authority to act for the estate before they will release a deceased person’s account records (like signature cards, statements, and tax forms). In most probate matters, that authority is shown through certified Letters of Administration (often called “letters testamentary” in everyday conversation), along with identification and a written request that matches the bank’s compliance requirements.
What Florida Law Says
Florida law gives a court-appointed personal representative the legal authority to step into the decedent’s shoes for estate administration purposes. Financial institutions are generally risk-averse about privacy, fraud, and competing claims, so they usually will not release records until they can confirm (1) the account holder is deceased and (2) the requester has documented authority to receive the information on behalf of the estate.
The Statute
The primary law governing a bank’s obligation to provide access to certain decedent-held property (including safe-deposit box access) to a Florida-appointed personal representative is Fla. Stat. § 655.936.
This statute establishes that, upon presentation of a certified copy of the personal representative’s letters of authority, the institution must deliver property held for safekeeping and grant access to a safe-deposit box in the decedent’s name (subject to the safe-deposit box opening rules).
For safe-deposit box opening logistics, Florida also addresses the required presence and inventory process in Fla. Stat. § 733.6065.
Why You Should Speak with an Attorney
Even when the estate is clearly entitled to information, banks often have internal “final review” processes and will not release records until the request is perfectly documented. Outcomes often depend on:
- Strict Documentation Standards: Many institutions require certified Letters of Administration (not photocopies), specific authorization language, and a request signed in the correct capacity (personal representative vs. attorney-in-fact vs. family member).
- Burden of Proof: The bank may require enough account identifiers to locate records, proof of death (certified death certificate), and proof of identity/authority for the signer (government ID, firm letter of representation, and sometimes a court order if authority is disputed).
- Exceptions and Competing Rights: Payable-on-death designations, joint ownership, trust accounts, and privacy rules can change who is entitled to records and what can be released without additional authority. Safe-deposit box access has its own statutory rules and inventory requirements under Florida law.
When a bank delays or limits production, an attorney can align the request with Florida probate authority, reduce back-and-forth with the institution’s legal/compliance team, and—when necessary—seek court involvement to avoid stalling the administration.
If you want more background, you may also find these helpful: what to show a bank to prove you’re the executor in Florida and getting an estate EIN in Florida.
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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.