What Happens During Probate in Florida (And Why Accounts Get Frozen)

Your mom told you not to worry.

She had everything handled.

You were her power of attorney. You helped pay bills, managed her accounts, and kept things running. So when she passed away, you assumed you’d simply continue doing what you’d already been doing.

Then you tried to deposit the life insurance check.

The bank clerk looked at the check, looked at your Power of Attorney paperwork, and shook her head.

“I’m sorry… we can’t accept this. You’ll need to go through probate court first.”

And just like that, everything changed.

You’re grieving, but the world doesn’t stop. The mortgage is still due. Utilities still need to be paid. The funeral home needs payment. And the money you know exists is suddenly untouchable.

If you’ve ever wondered why probate becomes such a nightmare for families, it starts with one truth most people don’t learn until it’s too late.

Here’s what surprises families the most.

A Power of Attorney ends immediately when the person dies.

Even if you were trusted with everything. Even if you’ve been handling their finances for years. Even if the document is perfectly valid.

Once death happens, that authority disappears.

That’s because legally, your loved one’s assets now belong to something called an estate, and the court requires someone to be officially appointed to manage it.

So the document that let you act yesterday becomes useless today.

That’s why families often feel blindsided. It seems illogical. You were trusted to handle these matters last week. Why can’t you handle them now?



But without proper planning in place, no one automatically has the legal authority to access or manage estate assets, even the closest family member.

Banks are not trying to be difficult. They’re protecting themselves and following the law.

Once a financial institution learns someone has passed away, accounts are often restricted until someone proves they have the legal authority to manage them. That can mean accounts get frozen, automatic payments stop, and checks are issued to “The Estate of…” instead of to an individual.

For families, this creates immediate stress.

How do you pay for the funeral when you can’t access funds? What happens to the mortgage payment due next week? What about the utilities, insurance, car payments, or property taxes?

Many families end up paying out of pocket just to keep things from falling apart, even though the money exists. They can see the account balance. They know it’s there. But they can’t touch it.

And the only way to fix it is through a court process most people don’t understand.

When the right planning hasn’t been done, loved ones must petition the probate court for authority to handle estate matters.

That means filing paperwork, paying fees, and waiting.

And waiting.

The timeline varies, but most families are shocked to learn probate typically takes months, not weeks. During that time, you’re trying to keep your own life together while handling court deadlines, documentation, and family communication that can feel impossible to manage during grief.



Even simple estates can get delayed, especially when family members live out of state, don’t respond quickly, or need to sign and notarize documents.

Probate isn’t just time-consuming.

It’s expensive.

Court filing fees are only the beginning. Many families need legal help to avoid mistakes and delays. There may also be accounting requirements, notices that must be published, and other expenses.

All of it comes out of the estate before loved ones receive anything.



So even when an estate is large enough to cover everything, probate can still drain money unnecessarily.

Probate is designed in a way that invites conflict.

Heirs must be formally notified. Claims can be filed against the estate. Disputes can be raised. Challenges can be made.

Even in families that love each other, stress changes things. Old resentments resurface. People question fairness. Siblings disagree. Emotions get heated, and the court process moves even slower.



Sometimes relationships never fully recover.

If your loved one didn’t leave clear instructions through a will or trust, Florida law decides who inherits what.

The law follows formulas. It doesn’t know your family. It doesn’t know your relationships. It doesn’t know who helped, who sacrificed, or who has special circumstances.

This is where probate becomes especially painful for blended families, unmarried couples, estranged relatives, or situations involving a child with disabilities or financial struggles.

And even in “normal” families, it can still create tension.

Because without clear instructions, people don’t just fight about money. They fight about meaning.



Who gets the family home? What happens to mom’s jewelry? Dad’s tools? Photo albums? Military medals? The things that can’t be replaced?

This is the part no one prepares you for.

Probate forces families to deal with bureaucracy while they’re grieving. It turns loss into paperwork. It makes you spend your time on forms, phone calls, and court requirements instead of being with family.

And it often leaves people thinking:

Why was this so hard?

Most parents never intend to leave their family with a mess. They just don’t realize the documents they have aren’t enough, or they assume their family will “figure it out.”



But when you’re in grief, figuring it out feels impossible.

The probate nightmare isn’t inevitable.

With proper planning, many families can avoid probate entirely, access funds faster, and prevent unnecessary delays and conflict.

The key is having a plan that works after death, not just during life.

That means planning for who has legal authority, how assets transfer, and what instructions your loved ones will need when they’re under pressure and emotionally exhausted.

If you’re not sure whether your current plan would actually protect your family from probate delays, April can help.



We offer a complimentary 15-minute call to help you understand:

• whether probate is likely in your situation
• what would happen to your accounts if something happened to you
• what gaps may exist in your current documents
• what the next best step is

Book your complimentary 15-minute call with April today so you can protect your family from frozen accounts, court delays, and unnecessary stress.