What it means
Section 655.82 applies to deposit accounts with a pay-on-death designation, which names a beneficiary to receive the sums on deposit after the party's death. A beneficiary has no right to the sums during the lifetime of any party (subsection (2)).
On the death of one of two or more parties, the sums belong to the surviving party or parties. On the death of the sole or last surviving party, they belong to the surviving beneficiary or beneficiaries, in equal and undivided shares if two or more survive. If no beneficiary survives, the sums belong to the estate of the last surviving party (subsection (3)).
A pay-on-death designation in a multiple-party account without right of survivorship is ineffective; designating the account as a tenancy in common establishes that it is without survivorship (subsection (4)). Ownership rights are subject to payment requests a party made before death (subsection (5)). Payment made under the section discharges the institution from all claims for amounts paid, whether or not it is consistent with beneficial ownership (subsection (7)).
- A beneficiary has no right to the sums during the lifetime of any party (§ 655.82(2)).
- On the death of one of several parties, the sums belong to the surviving party or parties (§ 655.82(3)(a)).
- On the death of the last party, the sums belong to the surviving beneficiaries in equal and undivided shares (§ 655.82(3)(b)).
- If no beneficiary survives, the sums belong to the estate of the last surviving party (§ 655.82(3)(b)).
- A designation in a multiple-party account without right of survivorship is ineffective (§ 655.82(4)).
- Payment under the section discharges the institution from claims for amounts paid (§ 655.82(7)).
Text of the statute (2026)
(2) A beneficiary in an account having a pay-on-death designation has no right to sums on deposit during the lifetime of any party. (3) In an account with a pay-on-death designation: (a) On the death of one of two or more parties, sums on deposit in the account belong to the surviving party or parties. (b) On the death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares, and, unless otherwise provided in a depository agreement written between December 31, 1994, and July 1, 2001, there is no right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last surviving party.
(4) A pay-on-death designation in a multiple-party account without right of survivorship is ineffective. For purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.
(5) The ownership right of a surviving party or beneficiary, or of the decedent’s estate, in sums on deposit is subject to requests for payment made by a party before the party’s death, whether paid by the institution before or after death, or unpaid. The surviving party or beneficiary, or the decedent’s estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.
(6) An institution, on request, may pay sums on deposit in an account with a pay-on-death designation to: (a) One or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party; (b) The beneficiary or beneficiaries, if proof of death is presented to the institution showing that the beneficiary or beneficiaries survived all persons named as parties; or (c) The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary.
(7) Payment made pursuant to this section discharges the institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment may be made whether or not a party or beneficiary is disabled, incapacitated, or deceased when payment is requested, received, or made.
Excerpts are the subsections the summary relies on. Read the full official text of § 655.82.
History. s. 1, ch. 94-216; s. 529, ch. 97-102; s. 21, ch. 2001-243.
How it applies
If a beneficiary survives the last party, the sums on deposit belong to the surviving beneficiary or beneficiaries under subsection (3)(b). If no beneficiary survives, they belong to the estate of the last surviving party. The section does not address probate procedure. An institution may pay a beneficiary who presents proof of death showing survival of all parties (subsection (6)(b)), and payment under the section discharges the institution even if it differs from beneficial ownership (subsection (7)).
Where this shows up
Pages on this site where § 655.82 does real work:
- What to do in the first 72 hours after a death in Florida
- Do I need probate in Florida? Which assets and estates skip it
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- What happens to a bank account when someone dies in Florida
- Probate vs trust administration in Florida: differences, steps and deadlines
- Disposition without administration in Florida under § 735.301: who qualifies, limits and filing steps
- Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
- Funding a revocable trust in Florida: deeds, accounts, retirement plans, insurance and what to leave out
- Blechman v. Estate of Blechman
Related sections
Questions people ask
Sources
- Florida Statutes (2026), section 655.82 (Subsections (2)-(3): rights during life and at death; (4): ineffective designation; (5)-(7): payment requests, who may be paid, and discharge of the institution.)
Last checked: October 17, 2026
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