First, the probate rules vary from state to state, so I cannot answer with any certainty.
Second, I cannot be certain from your statement of the facts whether the money market account is part of the probate estate. If it is, then - again this is guesswork - it should not be distributed until there is a probate court order.
Third, if the account is a joint tenancy or similar type of account, it may not be subject to the probate, so that it can be distributed to the other name signed on the account (but not to someone named in the Will.
Answered on Jan 10th, 2011 at 1:58 PM