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St. Petersburg Estate Planning Lawyer / Blog / Probate / What if a Bank Refuses to Cooperate With a Personal Representative During Probate in St. Petersburg?

What if a Bank Refuses to Cooperate With a Personal Representative During Probate in St. Petersburg?

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As a personal representative, you may come into conflict with various financial institutions as you attempt to gain access to the decedent’s assets. In an ideal world, this process should be relatively easy. Unfortunately, the managers of banks and other institutions may make your job needlessly difficult. What if a bank is preventing you from fulfilling your fiduciary duties as a personal representative? Can a probate lawyer in St. Petersburg help?

How Should a Personal Representative Interact With a Bank?

If you are the personal representative of a decedent’s estate, you must follow certain rules and procedures when interacting with a financial institution. If the bank is being uncooperative, you may want to consider whether you are following these rules correctly. First, you must prove to the bank that you are the personal representative of the estate. You can do this by showing the Letters of Administration. Secondly, you must prove to the bank that the decedent has passed away. You can do this by showing a manager the death certificate.

Consider Getting Help From an Experienced Probate Lawyer

If the bank continues to be uncooperative even after you have submitted valid Letters of Administration and the death certificate, you might want to reach out to a probate lawyer for assistance. Your probate lawyer can contact the bank directly, perhaps reminding the institution of the various consequences and penalties for continued uncooperation. Your probate lawyer may have to send a “demand letter” to the bank.

Governor DeSantis Just Signed a Law That May Make Life Easier for Personal Representatives

In late April of 2026, the Florida Bar reported that Governor DeSantis had signed House Bill 1337. This new law could reform probate in various ways, potentially making it easier for personal representatives to interact with banks and access assets. If a bank refuses to cooperate despite valid Letters of Administration and a death certificate, this new law could make them liable for probate attorney fees. In other words, the bank might have to pay the cost of probate on behalf of the family.

The law goes one step further, allowing the personal representative and the family to sue the bank for damages. These damages might include not only attorney fees, but also any financial penalties and fees that arise as a direct result of the bank’s uncooperation.

Finally, HB 1337 would make it easier for personal representatives to access safety deposit boxes at banks. This is an extremely common source of frustration for personal representatives, and bank managers frequently make this process needlessly challenging.

Can a Probate Lawyer in St. Petersburg Help Me?

Upcoming probate reform in Florida will likely make it easier for personal representatives to carry out their duties, especially when interacting with banks and other financial institutions. That said, a probate lawyer in St. Petersburg can also make this process easier. For further guidance, consider contacting Drude Tomori Law at 727-300-8900.

Source: 

floridabar.org/the-florida-bar-news/probate-reform-bill-awaits-desantis-decision/