What to do if my late husband had an account with a bank but didn’t put my name on it?

UPDATED: Jul 25, 2013

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What to do if my late husband had an account with a bank but didn’t put my name on it?

It’s only a couple thousand, however I’m disabled and need it. Is there any way to get the money by filing papers myself or is it worth it to go through probate? is it worth it? I am 70 and may not live to last through probate.

Asked on July 25, 2013 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I am assuming that this is the only account or asset that was not held jointly, correct?  The state of Florida allows a Small estate proceeding (an Affidavit) which can be done by you with out an attorney.  Some counties - like Lee County - have forms online for a Small Estate Affidavit that you can fill out and have notarized. Small Estates is also known as Disposition of Personal Property without Administration. Court personnel can help but can not give legal advice.  Good luck.

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