Detailed Answer
When a financial institution, title company or custodian refuses to release key estate documents—like account statements, deeds or corporate records—a personal representative in Florida can take several steps to secure them.
1. Present Letters of Administration or Testamentary
Florida law requires institutions to honor certified letters of administration or testamentary. Obtain these letters from the Clerk of Court once the probate petition is approved. Send a certified copy to the institution. (See Florida Statutes §733.207: leg.state.fl.us/0733.207.)
2. Use the Personal Representative’s Statutory Powers
Under Florida Statutes §733.603, a personal representative may demand and receive estate records. If the institution still refuses, you may file a civil action to enforce the estate’s rights. (See leg.state.fl.us/0733.603.)
3. Petition for a Subpoena Duces Tecum in Probate Court
If informal requests fail, petition the probate court for a subpoena duces tecum under Florida Probate Rule 5.410. The clerk issues a subpoena that compels the institution to produce documents at a hearing. This process ensures formal court supervision and consequences for non-compliance.
4. Serve a Civil Subpoena in a Separate Lawsuit
You can also initiate a civil suit on behalf of the estate and use a subpoena under Florida Statutes §48.031 to compel production. If the institution ignores the subpoena, you may move the court to hold it in contempt. (See leg.state.fl.us/0048.031.)
5. Seek Court Instructions or Enforcement Orders
File a petition for instructions or an order to show cause. The court can instruct the institution to release records or face sanctions. This step often succeeds when institutions prefer to avoid contempt proceedings.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney about your specific situation.
Helpful Hints
- Always send certified copies of probate letters; keep originals secure.
- Document all correspondence and requests in writing.
- Use certified mail with return receipt to track delivery.
- Work promptly—delays can trigger creditor claims deadlines.
- Consider mediation or informal negotiation before litigation.