If someone dies without a will in Florida, their bank account will be subject to the state's intestacy laws. An Affidavit of this nature allows a bank or credit union in Florida to pay a qualified family member the funds in the decedent's bank accounts.Only probate assets should be included in the inventory. A Transfer on Death is an instrument or deed that is used mainly with stocks, bonds, a brokerage company and retirement accounts such as a 401(k) and an IRA. A Florida estate administration attorney explains why some bank accounts pass directly to new owners, and others must go through the probate process. Probate is a necessary court-supervised legal process used for the verification and administration of an individual's assets after death. Examples of assets or property that may be probate assets may include: A bank account or investment account in the sole name of a decedent is a probate asset. How is this possible? Well, Florida estate lawyers often do a lot of pre-death estate planning or gift planning, sometimes referred to as inter vivos gifts. The brokerage firm does not pay out the assets; they move the stocks or bonds into an account in the new person's name.