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Florida Probate: What is a Payment to Successors Without Court Proceedings?

If a deceased person owned a qualified financial account not exceeding a total of $1,000 and more than 6 months have passed since death, then a family member of the deceased may obtain these funds by providing the financial institution with a certified copy of the deceased’s death certificate and an affidavit.


Family Member is defined as:

1) The surviving spouse of the deceased person.

2) If there is no surviving spouse, then an adult child of the deceased person.

3) If there is no surviving spouse or adult children, then an adult descendant (i.e. grandchildren and great grandchildren) of the deceased person.

4) If there is no surviving spouse, adult children, or adult descendants of the deceased person, then a parent of the deceased person.


Qualified Account is defined as a depository account or certificate of deposit held by a financial institution in the sole name of the deceased person without a beneficiary or payable on death designation.


The affidavit shall substantially comply with the affidavit provided by Section 735.303, Florida Statutes.

Section 753.303, Payment to Successor Without Court Proceeding. -



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Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.

 

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