Legal Question in Wills and Trusts in Florida
My sister died and she was divorced and did not have any children. Her next of kin is her four sisters and two brothers. She has very little assets, a few hundred dollars in a bank account. My brothers and sisters want me to handle her affairs. She did not have a will or anything naming anyone to handle things in case of her death. What do I need from them in order to close out her bank account?
Donna Price
3 Answers from Attorneys
If one or both parents are alive, then the parents inherit next in line. If no parents, then the account will be split among you and your siblings. You will have to go through summary probate administration to get a court order to release the funds. Banks do not release funds from an individual's bank account with a death certificate because of liability concerns on their part.
Sadly, the filing fee in Florida for summary administration for an account under $1,000 is $235. This figure does not include attorney fees if you go that route.
Most bank accounts have a beneficiary - if your sister named one, then produce the death certificate and ask the manager if she named a beneficiary. If she did not, then you will have to follow the probate code per MR. Bryant's response.
Unless you were named on the account, you will need to start a probate administration in the county where your sister resided. Regards,
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