Florida Statutes
§ 674.405 — Death or incompetence of customer
Florida § 674.405
This text of Florida § 674.405 (Death or incompetence of customer) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Fla. Stat. § 674.405 (2026).
Text
(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.
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Related
Blair v. Davis
281 So. 2d 247 (District Court of Appeal of Florida, 1973)
Legislative History
s. 1, ch. 65-254; s. 42, ch. 92-82.
Nearby Sections
15
§ 674.101
Short title§ 674.102
Applicability§ 674.104
Definitions and index of definitions§ 674.105
“Bank”; “depositary bank”; “payor bank”; “intermediary bank”; “collecting bank”; “presenting bank.”§ 674.1071
Separate office of bank§ 674.1081
Time of receipt of items§ 674.1091
Delays§ 674.1101
Electronic presentment§ 674.111
Statute of limitations§ 674.203
Effect of instructionsCite This Page — Counsel Stack
Bluebook (online)
Florida § 674.405, Counsel Stack Legal Research, https://law.counselstack.com/statute/fl/674.405.