How can I obtain monies from deceased wife's bank accounts? There are no co-signers listed or beneficiary for the 2 accounts.

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I live in Florida, my wife died with no will. I was joint account holder on one bank account, but not the 2 listed above.

Attorney Answers

5
Howard Rosenblatt ·
You didn't mention whether your wife had any children or whether they were adults or minors (or if they were your children also). These would be factors your attorney should evaluate to determine whether and how soon you can access these funds.
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Phillip Gunthert ·
Very sorry for your loss on the passing of your wife, please accept my condolences. You will need to speak with a Florida Probate Attorney and based on the type of assets, overall value and any creditors will determine the type of probate that will be required. If the value is $75,000 or less Summary Administration may apply and work, but it is possible that you may be able to file Disposition of Property Without Administration if you qualify. If there is a Will then you will need to turn that in to the clerk of the court after you make a copy, if there is no Will then Florida Intestate (without a Will) Statutes will apply, as the surviving spouse you have substantial rights in any probate usually and you likely should discuss your options with a Florida Probate Attorney to determine what you next steps are that you may want or need to take.
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Harley Herman ·
It will depend on the balances of the accounts. If the totals are $1,000 or less, a new law (FS 735.303) allows a bank to to release the money to you without a probate proceeding six months after your wife's death, when you submit an affidavit to them which complies with FS 735.303. Banks should have these affidavit forms available. If the amounts exceed $1,000 but are under $75,000, you should be able to qualify for one of the simpler methods of estate administration; FS 735.301 (disposition of personal property without administration), FS 735.304 ($10,000 or less after the spouse is deceased at least a year) or Summary Administration under FS 735.201. These require a probate proceeding through the court. While some non-attorneys are able to prepare the documents for a Disposition of Personal Property without Administration, in most cases, you will need to hire an attorney to assist you and make sure the paperwork is properly prepared and filed and proposed Orders comply with the Court's requirements (such as proof of a paid funeral bill, which most Judges require).
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Eileen Jacobs ·
In order to access the accounts, you will likely need to open a probate, however, the precise type will depend on a number of factors, including the approximate account balances. Many lawyers offer low or no cost consultations, including telephone and video conferences. I strongly suggest that you consult with an experienced probate attorney, who will gather information about family, assets, and debts and then be able to explain what needs to be done and the cost. I'm so sorry for your loss.
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Jamy Barreau ·
My condolences for your loss. To access and transfer the balances of the bank accounts in your wife’s name, you will need to begin probate proceedings. I would recommend contacting an attorney to assist you in this process. Your attorney can assess the facts and let you know which type of probate you will need.
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