How to Close Bank Accounts After Death in Florida

KairaApril 13, 20267 min readFlorida

How to Close Bank Accounts After Death in Florida

How you close a bank account after death in Florida depends entirely on how the account was titled. Joint accounts with right of survivorship pass immediately. Pay-on-death accounts transfer to the named beneficiary. Sole accounts require probate authority - either formal administration or a summary order. Here is how each type works.

Account Types and What Happens at Death

Account Type	What Happens	Probate Required?
Joint with Right of Survivorship (JTWROS)	Surviving owner gets immediate full access	No
Tenancy by the Entirety	Surviving spouse gets automatic ownership; creditor-protected	No
Pay-on-Death (POD)	Named beneficiary claims after showing death certificate	No
Sole ownership	Frozen until personal representative is appointed	Yes

Joint Accounts with Right of Survivorship (JTWROS)

The surviving account holder can continue using the account immediately. Bring a certified death certificate to the bank to remove the deceased's name. No court involvement needed.

Tenancy by the Entirety

This is a form of joint ownership available only to married couples in Florida. It works like JTWROS but adds creditor protection - creditors of only one spouse cannot reach the account. After death, the surviving spouse owns the account outright. Same process: bring the death certificate to the bank.

Pay-on-Death (POD) Accounts

POD beneficiaries need to present a certified death certificate and valid ID to claim the funds. The bank releases the balance directly to the named beneficiary without probate.

Important: POD accounts are included in the elective estate under Section 732.2035, Florida Statutes. This means a surviving spouse who was not named as the POD beneficiary can still claim a share of these funds through the elective share (30% of the elective estate under Section 732.201). This does not affect the bank's payout process, but it can create a legal dispute after the funds are distributed.

Sole Ownership Accounts

The bank will freeze the account when they learn of the death. To access funds, you need:

Letters of Administration from formal probate, OR
A Summary Administration order (if the estate qualifies - generally estates under $75,000 or where the decedent has been dead for more than 2 years)

The personal representative named in the court order can then close the account and distribute funds according to the will or Florida's intestacy statutes.

Safe Deposit Boxes in Florida

Section 655.935, Florida Statutes, controls access to safe deposit boxes after death.

Who Can Access

The following people may access the box in the presence of a bank officer:

Surviving spouse
Parent
Adult descendant (child, grandchild)
Person named as personal representative in the will

What Can Be Removed Immediately

Item	Action Required
Will	Must be delivered to the court
Burial instructions	Can be given to the person handling arrangements
Insurance policies	Can be removed for filing claims

All other contents remain in the box until the appointed personal representative gains access under Section 733.6065, Florida Statutes. The bank officer must inventory what is observed during the initial access.

Full Access

The court-appointed personal representative (via Letters of Administration) can access the full contents of the safe deposit box and remove all items for estate administration purposes.

Vehicle Title Transfers

Florida vehicle titles are handled through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Surviving Spouse

Use Form HSMV 82152 (Application for Duplicate or Lost in Transit/Reassignment for a Motor Vehicle, Mobile Home, or Vessel Title). The surviving spouse can transfer the title into their name with:

Certified death certificate
Current title (or affidavit if title is lost)
Valid ID
Title fees

Other Heirs

Use Form HSMV 82040 (Application for Certificate of Title With/Without Registration). Other heirs need:

Letters of Administration or Summary Administration order
Certified death certificate
Valid ID
Title fees

If the vehicle was jointly titled with a surviving owner, the surviving owner can transfer with just the death certificate - similar to a joint bank account.

Real Property in Florida

Real property transfers after death in Florida involve some of the most complex rules in the state, primarily because of homestead protections.

Homestead Property

Florida's homestead protections under Article X, Section 4, Florida Constitution are unlike any other state:

Creditor protection - homestead is protected from forced sale by most creditors during life
Devise restrictions - Article X, Section 4(c) restricts how homestead can be left in a will. If the deceased had a surviving spouse or minor children, the homestead cannot be freely devised to anyone else. The surviving spouse receives either a life estate (with the remainder going to the deceased's descendants) or can elect to take an undivided one-half interest as a tenant in common.

This means you cannot simply will your homestead to anyone you want if you have a surviving spouse or minor children.

Lady Bird Deeds

Florida recognizes enhanced life estate deeds (commonly called Lady Bird deeds). These allow property to pass to a named beneficiary at death without probate while the owner retains full control during life, including the right to sell, mortgage, or revoke the deed.

Lady Bird deeds are a popular probate-avoidance tool in Florida because:

No probate required for the property transfer
The owner keeps complete control during their lifetime
The property may still qualify for homestead tax exemptions
The transfer gets a stepped-up basis under IRC Section 1014 (meaning the beneficiary's cost basis becomes the fair market value at date of death, potentially eliminating capital gains tax)

No Transfer-on-Death (TOD) Deeds for Real Property

Florida does not allow transfer-on-death deeds for real property. Some states offer TOD deeds as a simpler alternative to Lady Bird deeds, but Florida is not one of them. If you see TOD deed forms marketed for Florida real estate, they are not valid.

For real property, your probate-avoidance options in Florida are:

Lady Bird deed
Revocable living trust
Joint ownership with right of survivorship (has its own drawbacks)

Ancillary Administration for Nonresidents

If the deceased was not a Florida resident but owned real property in Florida, the estate may need ancillary administration under Section 734.102, Florida Statutes. This is a separate probate proceeding in Florida in addition to the primary probate in the home state.

Documentary Stamp Tax

Real property transfers in Florida are subject to documentary stamp tax:

$0.70 per $100 of consideration in all counties except Miami-Dade
$0.60 per $100 in Miami-Dade County

Some transfers after death may be exempt depending on how they occur (e.g., transfers to a surviving spouse). Check with a Florida real estate attorney.

Transfer-on-Death (TOD) Securities

While Florida does not allow TOD deeds for real property, it does recognize TOD registration for securities under Section 711.50, Florida Statutes. This means:

Stocks, bonds, and brokerage accounts can be registered with a TOD beneficiary
At death, the beneficiary contacts the financial institution with a death certificate
Assets transfer without probate
The beneficiary receives a stepped-up cost basis under IRC Section 1014

Medicaid Estate Recovery in Florida

Section 409.9101, Florida Statutes, governs Medicaid estate recovery. If the deceased received Medicaid benefits, the state may seek repayment from the estate.

What Is Protected

Homestead property is generally exempt from Medicaid recovery in Florida when a surviving spouse, minor child, or disabled child resides there
Assets that pass outside probate (joint accounts, POD accounts, TOD securities, life insurance, Lady Bird deed property) are generally not subject to Medicaid recovery because Florida's recovery program targets probate assets

Hardship Waivers

Florida allows hardship waivers for Medicaid estate recovery claims. If recovery would cause undue hardship (e.g., the estate's only significant asset is a small home occupied by a caregiver family member), you can apply for a waiver.

Claim Priority in Probate

When an estate goes through probate, claims against the estate are paid in a specific order under Section 733.707, Florida Statutes:

Priority	Claim Type
1	Costs and fees of administration
2	Reasonable funeral, interment, and grave marker - up to $6,000
3	Debts and taxes with federal priority
4	Reasonable medical/hospital expenses of last 60 days
5	Family allowance (up to $18,000)
6	Arrearage from court-ordered child support
7	Debts acquired after death by the estate
8	All other claims (credit cards, personal loans, etc.)

If the estate does not have enough assets to pay all claims, lower-priority claims go unpaid. Beneficiaries do not inherit debts - they just might inherit less (or nothing) after claims are satisfied.

For funeral cost details, see our Florida funeral cost guide.

Unclaimed Property

Florida holds over $2 billion in unclaimed property. After a death, check whether the deceased has unclaimed assets:

Website: FLTreasureHunt.gov
Search by name
Claims require proof of identity and entitlement (death certificate, Letters of Administration, etc.)

Common sources of unclaimed property after death: forgotten bank accounts, uncashed checks, insurance proceeds, utility deposits, stocks, and safe deposit box contents.

Snowbird Issues

If the deceased split time between Florida and another state:

Domicile determines primary probate - where were they "really" living? Voter registration, driver's license, homestead exemption filing, and where they spent the majority of days all factor in.
Real property in other states may require ancillary probate in those states
Bank accounts follow the terms of the account agreement, not the state of death
Florida has no state estate tax and no state inheritance tax, which often makes Florida domicile advantageous

Account Closing Checklist

Use this checklist to track progress across all financial accounts:

Frequently Asked Questions

Can I use a small estate affidavit instead of full probate in Florida?

Florida does not have a "small estate affidavit" in the way some other states do. Instead, Florida offers Summary Administration for estates valued at $75,000 or less (or where the decedent died more than 2 years ago). This is a simplified probate process, but it still requires filing a petition with the court.

How long does it take to close accounts after death?

Joint and POD accounts can typically be handled within 1-2 weeks. Sole accounts requiring probate take longer - summary administration may take 1-3 months, while formal administration can take 6 months to a year or more.

Are the deceased person's debts my responsibility?

Generally, no. Debts belong to the estate, not to surviving family members. Exceptions: joint account holders, co-signers, and community property obligations (Florida is a separate property state, not community property, so this is less common). Debt collectors may try to convince you otherwise - know your rights.

What happens to a mortgage on homestead property?

The mortgage survives the death. Whoever inherits the property also inherits the obligation to pay the mortgage, though federal law (the Garn-St. Germain Act) prevents lenders from calling the loan due solely because of the borrower's death when the property transfers to certain family members.

What to Do Next

Closing financial accounts is one of many steps after a death. Social Security benefits, funeral costs, and legal document preparation all happen on overlapping timelines.

Related Florida guides:

Social Security Survivor Benefits in Florida - claiming federal benefits
Florida Funeral Cost Guide - managing funeral expenses
End-of-Life Planning Checklist for Florida Residents - complete planning framework

Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.

Disclaimer: This article provides general information about closing financial accounts after a death in Florida as of April 2026. It is not legal or financial advice. Florida probate law, Medicaid rules, and account policies are complex and change. Consult a licensed Florida attorney or financial professional for advice specific to your situation.

Sources: Florida Statutes Sections 655.935, 732.201, 732.2035, 733.707, 711.50, 409.9101, 734.102; Florida Constitution Article X Section 4; IRC Section 1014; FLTreasureHunt.gov.

Planning ahead

How to Close Bank Accounts After Death in Florida