Decedent Account Bank Withholding In Palm Beach
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Bank accounts with no named beneficiaries will need to pass through Florida probate as per the will's instructions by the personal representative. Probate can be expensive and complicated, leaving it open to disputes and family turmoil. Your will is also accessible to the public in Florida after your passing.
The bank account will go to the named beneficiary of the account or of your will.
"The surviving owner will be able to withdraw funds from the account," says David Doehring, probate attorney and managing partner of Doehring & Doehring Attorneys at Law. If the account has a payable on death beneficiary, the bank account balance goes to the beneficiary after the last account owner dies.
ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.
ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.
Formal Administration: This main probate process will definitely need an attorney. The process is described in greater detail below. Summary Administration: The family will likely need an attorney due to the complexity. Disposition without Administration: This process is designed to operate without probate.
In most cases, if the probate action is uncontested there will be no hearings required. You can file your paperwork by mail, to the attention of our probate division at P.O. Box 4667, West Palm Beach, FL 33402, or electronically via the Florida e-filing portal at .myflcourtaccess.
If an asset does not have a named beneficiary or rights of survivorship, it will have to go through probate to change ownership pursuant to the Florida Probate Rules (2024). The most common assets that go through this process are bank accounts, real estate, vehicles, and personal property.
You'll need to file the necessary documents with the local probate court where the decedent resided in Florida. Once approved by a judge, they issue Letters of Administration certifying your role as estate administrator to third parties, including banks.
In Florida, probate must usually be initiated a short time after death. The will, if there is one, must be filed with the court within 10 days of the death. Even though there is no legal penalty for missing this window, it's very important to file promptly to avoid unnecessary delays in the probate process.
