674.405

Death or incompetence of customer.

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674.405 Death or incompetence of customer.—

(1) A payor or collecting bank’s authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

(2) Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

History.—s. 1, ch. 65-254; s. 42, ch. 92-82.

Note.—s. 4-405, U.C.C.; supersedes ss. 659.39, 659.40.

Notes of Decisions

Cited in 3 cases, 1973–1993 · leading case: Blair v. Davis

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Blair v. Davis (1973) fladistctapp · cites it 3× “Further, regardless of these events, the *249 drawee bank had the power and duty (with the exceptions mentioned in F.S. 674.405, F.S.A., supra) to refuse payment upon the death of the drawer.”

Black v. Hart (1974) fladistctapp · cites it 5× “The cited case appears to be controlling but the trial court did not follow the decision because he felt that § 674.405, Fla. Stat. (effective Jan. 1, 1967) changed the applicable law.”

Republic National Bank of Miami v. Johnson ex rel. Guardianship Program of Dade County, Inc. (1993) fladistctapp · cites it 2× “§ 674.405(1), Fla.Stat. (Supp.1992) (emphasis added).”

— 674.405(1) — 1 case

Republic National Bank of Miami v. Johnson ex rel. Guardianship Program of Dade County, Inc. (1993) fladistctapp “§ 674.405(1), Fla.Stat. (Supp.1992) (emphasis added).”

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