The Short Answer

In Florida, many joint bank accounts pass automatically to the surviving account holder, meaning the funds often do not go through probate. Credit card debt, however, is usually paid from the deceased spouse’s estate—unless you are also legally responsible (for example, as a joint account holder or co-signer).

What Florida Law Says

Florida treats many bank accounts titled in two names as survivorship accounts unless the account paperwork says otherwise. That means the surviving spouse may become the owner at death, but the outcome can still depend on the account’s title, signature card, and whether there are allegations of fraud, undue influence, or a clearly documented contrary intent.

The Statute

The primary law governing joint deposit accounts at death is Fla. Stat. § 655.79.

This statute creates a presumption that, unless the account contract/signature card says otherwise, a deposit account in two or more names is intended to vest in the surviving person(s) upon death; and if the two account holders are husband and wife, the account is treated as a tenancy by the entirety unless otherwise specified in writing.

For credit card debts and other unsecured debts, the key concept is that creditors generally must pursue payment through the probate estate (not simply “take it” from a surviving spouse). Florida also imposes an outside time limit on estate liability for claims.

Fla. Stat. § 733.710 provides that, with limited exceptions, after 2 years from the date of death, the estate, personal representative, and beneficiaries are not liable for claims against the decedent.

If you want more background on how these issues commonly play out, see: joint bank accounts and survivorship in Florida and creditor claims in a Florida probate.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida has hard time limits on estate claims, including a 2-year outside limitation period under Fla. Stat. § 733.710, and missing deadlines can change leverage and outcomes.
• Burden of Proof: Joint accounts are presumed to pass to the survivor under Fla. Stat. § 655.79, but that presumption can be challenged (e.g., allegations of fraud/undue influence or clear and convincing evidence of a different intent).
• Exceptions and “Who Signed What” Issues: Whether you’re personally liable for a credit card balance often turns on whether you were a joint account holder/co-signer versus merely an authorized user, and whether any charges occurred after death.

Trying to handle this alone can lead to avoidable disputes with banks, family members, or creditors—or accidental personal liability if the wrong funds are used or the wrong statements are made.

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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.