Legal Question in Wills and Trusts in Florida

Based on my understanding of the situation regarding your brother, my advice is that, assuming your brother was the only person on the bank account, if it is a checking account, the bank will require an order from the probate court or from a person appointed by the probate court as personal representative of your brother's estate. If it was a savings account with a designated beneficiary, the bank could pay the funds to the beneficiary.

Of course, a funeral home will usually wait for payment of funeral expenses from the estate. Any access to records of the bank account will be restricted to those approved by the probate court, such as a personal representative. It is a term of the agreement required by the bank when you set up a checking account.

You will need to probate the estate. However, in order to advise you best, I would need more information from you. For a free consultation, please contact my office at 1-800-408-5818.

If there is really not that much in the account, take them a death certificate and proof of who you are in relation to him. If there is a beneficiary on the account, they will issue the check to that person. If the funds are below $1,000.00. If there is no beneficiary but the account is less that $1,000.00 then all siblings will receive a divided amount.