Belleview, FL asked in Estate Planning and Probate for Florida

Q: How do I get money out of my deceased mother's bank account

I have her main card her ID a death certificate I never social security's number but there's no will

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of your mother, please accept my condolences and sympathy at this difficult time. Generally, if there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply to her estate and any assets that are in her name alone will likely have to go through some version or probate, the type of probate will be determined based upon the type of assets and their total value, if under $75,000 it would be Summary Administration, if above, not counting her homestead, it would be Formal Probate. You need to speak with a Florida Probate Attorney for your options and obligations. It is possible that your mom had a Pay on Death designation on her bank account, I would encourage you to go and ask at the bank, if you were named then you likely can just produce the death certificate and an ID and you may be able to access it, this goes for any Transfer on Death accounts as well (for example, investment accounts), the key is if she listed any beneficiaries, if she did not, then those assets and items will likely have to go through a probate.

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