Legal Question in Wills and Trusts in Florida

You need to talk to a probate attorney. If no probate has been conducted for your father's estate before, you may need to file a probate action in order to get the bank account transferred.

What you are asking for at the court house is "Disposition of Personal Property without Administration". The filing fee in Duval is $231.00. The judge will issue his Order to have the account disbursed to you. However, you must provide the death certificate and a paid funeral receipt showing that you paid for the expenses of the funeral. the clerk can and should help you write out the form.

The answer to your question depends on what is the value of the bank account, and whether your father had a last will. If the value of the account is in excess of $75,000 then it will be necessary for you to file a formal probate administration. If the value of the bank account is less than $75,000 then you can file a summary probate administration. If your father did not have a will, the funds will be distributed according to the intestacy statute. The intestacy statute provides for the distribution of estates for which there is no valid last will. If there was a last will, then the funds in the account will be distributed according to the terms of the will.

You should seek the counsel of an experienced probate attorney by providing information about the account, whether your father prepared a last will, and what your family circumstances are otherwise.

Good luck.