Florida Statute 655.79 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVIII
BANKS AND BANKING

Chapter 655
FINANCIAL INSTITUTIONS GENERALLY

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F.S. 655.79

655.79 Deposits and accounts in two or more names; presumption as to vesting on death.—

(1) Unless otherwise expressly provided in a contract, agreement, or signature card executed in connection with the opening or maintenance of an account, including a certificate of deposit, a deposit account in the names of two or more persons shall be presumed to have been intended by such persons to provide that, upon the death of any one of them, all rights, title, interest, and claim in, to, and in respect of such deposit account, less all proper setoffs and charges in favor of the institution, vest in the surviving person or persons. Any deposit or account made in the name of two persons who are husband and wife shall be considered a tenancy by the entirety unless otherwise specified in writing.

(2) The presumption created in this section may be overcome only by proof of fraud or undue influence or clear and convincing proof of a contrary intent. In the absence of such proof, all rights, title, interest, and claims in, to, and in respect of such deposits and account and the additions thereto, and the obligation of the institution created thereby, less all proper setoffs and charges in favor of the institution against any one or more of such persons, upon the death of any such person, vest in the surviving person or persons, notwithstanding the absence of proof of any donative intent or delivery, possession, dominion, control, or acceptance on the part of any person and notwithstanding that the provisions hereof may constitute or cause a vesting or disposition of property or rights or interests therein, testamentary in nature, which, except for the provisions of this section, would or might otherwise be void or voidable.

(3) This section does not abridge, impair, or affect the validity, effectiveness, or operation of any of the provisions of ss. 655.78 and 674.405 or the rights of institutions to make payments as therein provided.

History.—s. 48, ch. 92-303; s. 8, ch. 2008-75.

F.S. 655.79 on Google Scholar

F.S. 655.79 on CourtListener

Amendments to 655.79

Annotations, Discussions, Cases:

Cases Citing Statute 655.79

Total Results: 21

Beal Bank, SSB v. Almand and Associates

780 So. 2d 45, 26 Fla. L. Weekly Supp. 106, 2001 Fla. LEXIS 408, 2001 WL 197031

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1298410

Cited 73 times | Published

Legislature to enact such a requirement. For example, section 655.79(1), Florida Statutes (2000), provides that

Sitomer v. Orlan

660 So. 2d 1111, 1995 WL 509260

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1755848

Cited 17 times | Published

However, for bank and credit union accounts, section 655.79, Florida Statutes (1993), creates the presumption

Dollinger v. Bottom (In Re Bottom)

176 B.R. 950, 1994 WL 738828

United States Bankruptcy Court, N.D. Florida | Filed: Dec 14, 1994 | Docket: 1488829

Cited 7 times | Published

the surviving person or persons. 1992 Fla.St. § 655.79 (West).

Regions Bank v. Hyman

91 F. Supp. 3d 1234, 2015 U.S. Dist. LEXIS 28654, 2015 WL 1033915

District Court, M.D. Florida | Filed: Mar 7, 2015 | Docket: 64300911

Cited 6 times | Published

stated: Other exemptions as provided by law. Section 655.79, Florida Statutes — tenancy by the entireties

Mulato v. Mulato

705 So. 2d 57, 1997 WL 821464

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1753731

Cited 4 times | Published

virtue of her survivorship rights. According to section 655.79, Florida Statutes (1995): [A] deposit account

Wexler v. Rich

80 So. 3d 1097, 2012 WL 555482, 2012 Fla. App. LEXIS 2662

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60305636

Cited 3 times | Published

parties have not argued the application of section 655.79(1), Florida Statutes (2009), apparently believing

JAMES J. GIBSON & DR. LORI G. GIBSON v. WACHOVIA BANK

255 So. 3d 944

District Court of Appeal of Florida | Filed: Jul 13, 2018 | Docket: 7428852

Cited 2 times | Published

entirety unless otherwise specified in writing." § 655.79(1), Fla. Stat. (2014). Our record is devoid of

In re Benzaquen

555 B.R. 63, 26 Fla. L. Weekly Fed. B 135, 2016 Bankr. LEXIS 2790, 2016 WL 4141196

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 2, 2016 | Docket: 65788887

Cited 2 times | Published

first, whether a 2008 change in Florida Statute § 655.79 modifies the six unities required to create a

Karr v. Vitry

135 So. 3d 372, 2014 WL 258753, 2014 Fla. App. LEXIS 742

District Court of Appeal of Florida | Filed: Jan 24, 2014 | Docket: 60239591

Cited 1 times | Published

presumption of survivorship in her favor by virtue of section 655.79, Florida Statutes (2012).2 Because there was

Caputo v. Nouskhajian

871 So. 2d 266, 2004 Fla. App. LEXIS 3505, 2004 WL 533555

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 64829956

Cited 1 times | Published

estate to fund the trust. Karen maintains that section 655.79, Florida Statutes (2000), allows the presumption

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

District Court of Appeal of Florida | Filed: Aug 2, 2024 | Docket: 69009377

Published

being an entireties account. She also relied on section 655.79(1), Florida Statutes (2017), arguing that it

GROVER L. LARKINS, JR. v. SERGIO L. MENDEZ, etc.

District Court of Appeal of Florida | Filed: May 17, 2023 | Docket: 67400029

Published

death. The controlling statute, though – section 655.79 of the Florida Statutes – is clear and unambiguous

STOREY MOUNTAIN, LLC a/a/o IBERIABANK v. MAJESTIC LAND HOLDINGS, INC.

District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814480

Published

overcome the statutory presumption created by section 655.79(1), Florida Statutes (2011), in favor of the

STEFANO VERSACE v. URUVEN, LLC

District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417132

Published

Legislature did more than that in in 2008 by amending section 655.79(1), Florida Statutes, to provide: “Any deposit

Keul v. Hodges Blvd. Presbyterian Church

180 So. 3d 1074, 2015 Fla. App. LEXIS 17713, 2015 WL 7444212

District Court of Appeal of Florida | Filed: Nov 24, 2015 | Docket: 60252289

Published

held that the magistrate incorrectly applied section 655.79 of the Florida Statutes, as it relates to ownership

Joseph H. Brown v. Frank Brown, Jr.

149 So. 3d 108

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310559

Published

ultimately issued a report concluding that section 655.79, Florida Statutes, governed the disposition

LAURITSEN v. Wallace

67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 2361301

Published

creditors of the decedent's probate estate. See § 655.79, Fla. Stat. (2007) (permitting bank accounts to

Jones v. Kellman (In Re Kellman)

248 B.R. 430, 13 Fla. L. Weekly Fed. B 186, 1999 Bankr. LEXIS 1817, 1999 WL 1791622

United States Bankruptcy Court, M.D. Florida | Filed: Dec 3, 1999 | Docket: 1422803

Published

denied, 675 So.2d 927 (Fla.1996)). See FLA. STAT. § 655.79 (1999) (presumption that account held in two names

Miller v. Bristow

704 So. 2d 727, 1998 Fla. App. LEXIS 81, 1998 WL 24178

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 64778372

Published

complaint against Miller was filed pursuant to section 655.79(2), Florida Statutes (1993). This statute addresses

Herring v. Henderson

670 So. 2d 145, 1996 Fla. App. LEXIS 2633, 1996 WL 119501

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64763373

Published

own the certificate of deposit pursuant to section 655.79, Florida Statutes (Supp.1992),2 *147and since

Davis v. Foulkrod

642 So. 2d 1129, 1994 Fla. App. LEXIS 8999, 1994 WL 513930

District Court of Appeal of Florida | Filed: Sep 21, 1994 | Docket: 64751026

Published

Ch. 92-303, § 48, Laws of Fla. [now codified as § 655.79, Fla.Stat. (1993)].