What Happens to a Bank Account When Someone Dies Without a Will in Florida?

When a loved one passes away, one of the first questions families ask is what happens to the money left in their bank accounts — especially if the person wasn’t married and didn’t have a will.

Let’s walk through a real-world scenario that illustrates how Florida law handles this situation and how to make sure your loved one’s money ends up where it should.

The Situation: A Gift, a Bank Account, and an Unmarried Partner

A mother gifted each of her children $13,000. One of her sons, who isn’t married but has a long-term girlfriend, deposited that money into his own bank account. Later, the family wondered:

“If he passes away, what happens to the money in his account? Does his girlfriend get it?”

The short answer is: it depends on how the account is set up.

Joint Bank Accounts vs. Sole Ownership

If the bank account is only in his name, and the girlfriend is not listed as a joint account holder, then she has no legal rights to access or claim that money while he’s alive or after he passes.

A joint account means both people are equal owners — either person can withdraw funds at any time. If your brother never added his girlfriend as a joint owner, she doesn’t own any part of that money.

The Role of Beneficiaries and PODs (Payable on Death)

Even if she’s not on the account now, there’s another way someone can receive funds after the account owner dies: through a Payable on Death (POD) designation.

A POD, also known as a beneficiary designation, allows the account owner to name someone who will automatically receive the account’s balance when they pass away — without going through probate.

If the brother did not name anyone as a POD, the account becomes part of his estate when he dies. That means it must go through Florida probate, the court process used to transfer ownership of assets when there’s no clear beneficiary.

What If There’s No Will?

If someone dies without a will, Florida law says their property passes through what’s called intestate succession.

Here’s how that works in this situation:

• If the deceased was not married and had no children,→ the money goes to his parents.

• If his parents have already passed,→ it goes to his siblings.

• The girlfriend would not inherit anything under Florida intestacy law unless she was legally married to him or specifically listed as a beneficiary.

So in this case, the girlfriend does not receive the money — unless she’s listed as a POD beneficiary or is named in a valid will.

Why Beneficiaries Matter: Avoiding Probate

Probate can be time-consuming, costly, and frustrating — especially for small bank accounts. Many Floridians don’t realize that even modest accounts can end up tied up in probate court.

The sad reality is that sometimes, the cost of probate equals the value of the account itself. That means families might spend as much on legal fees as the account is worth, leaving the funds inaccessible or unclaimed for years.

To avoid this, it’s smart to add POD beneficiaries to every account. Doing so allows the funds to transfer directly to the chosen person — skipping probate completely.

What If You Don’t Have a Trust or Will?

Even if you don’t have a full estate plan or trust in place, adding PODs to your accounts is one of the simplest and most effective ways to protect your assets.

It’s a quick step that ensures your money goes directly to the person you choose — not through the court system.

Final Takeaway

If your brother passes away and:

• His girlfriend is not a joint account holder

• She is not listed as a POD beneficiary

• And he has no will naming her

Then she will not receive any of the funds in his bank account. The money would go through probate and be distributed according to Florida’s intestacy laws — likely to his parents or siblings.

Protect Your Assets and Loved Ones

Whether you have $13,000 or much more, the principle is the same: make sure your accounts have beneficiaries or are included in a trust. It’s the easiest way to protect your family and avoid unnecessary legal costs.

If you’re in Florida and have questions about estate planning, asset protection, or probate, reach out to atCause Law Office — the non-stuffy attorneys who make the legal process simple and stress-free. Schedule a Free consultation with us and we can get you the right plan to protect you and your loved ones.