QUESTION
Under the law, once a will has gone through probate and executor is appointed, should this be sufficient to access bank accounts?
Asked on Apr 11th, 2014 on Estate Planning - Texas
More details to this question:
In my case my husband is deceased. I am the executrix. Bank demands a hard copy of death certificate but my lawyer says will probate is legally sufficient.
18 ANSWERS
While your letters of administration from the court should be sufficient it is not unusual for third parties to make their own demands for additional documentation such as death certificates.
Answered on Apr 15th, 2014 at 6:46 PM
2 Awards
Generally, a certified copy of the Letters of Administration (a document formally appointing you as the Personal Representative of your husband's estate) along with the death certificate without cause of death and your photo ID should be sufficient.
Answered on Apr 14th, 2014 at 11:07 PM
Edwin K. Niles
I don't know why you aren't asking the lawyer, but The court will issue Letters Testamentary, which is your proof that you are the exec. The bank does NOT need a death cert., but many times the banker is ignorant of the proper procedure.
Answered on Apr 14th, 2014 at 10:55 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Bank rules control.
Answered on Apr 14th, 2014 at 10:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I would give them the Death Certificate as well. The bank is probably just following their internal procedures. While your lawyer is not wrong, it is going to be easier to just give the bank what it wants that to try to fight them on this. If it was something more expensive or complicated, I might challenge them. In this case, I would just give it to them. Perhaps they can make a copy of the original and give it back to you.
Answered on Apr 14th, 2014 at 4:58 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Your lawyer is correct. However, if the bank will not accept the court order appointing you as executor, it's faster, cheaper, and easier to just provide them with a copy of the death certificate. Otherwise, you will have to haul them into probate court and have the court order them to recognize you as executor.
Answered on Apr 14th, 2014 at 4:57 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Your lawyer is right, your Letters Testamentary should be sufficient. Banks live according to their own laws, however, and don't give a rip for the laws enacted by the legislature of the State of Oregon. Your choice is to pay a lot of money to have your lawyer argue this with Bank, or pay for another death certificate to give to bank. Get the death certificate.
Answered on Apr 14th, 2014 at 11:42 AM
It is common for institutions to request a copy of the Death Certificate. It is acceptable for you to provide the bank with a copy.
Answered on Apr 14th, 2014 at 11:35 AM
Your lawyer may be right from a legal standpoint, but it does not surprise me that the bank wants a death certificate. We always have our probate and trust clients order at least six death certificates for this very reason. You will save a lot of time and money by cooperating with banks, insurance companies, etc. whose internal policies require certificates than arguing with them.
Answered on Apr 14th, 2014 at 10:43 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If you provide the bank with a certified copy of your letter of office that should be sufficient to gain access to any bank account held in your husband's name. If the bank account was a joint account the account would not be in your husband's estate. It would be owned by the surviving joint tenant. The death certificate would give them authority to turn the account over to the surviving joint tenant. As the executrix you can require the bank to provide you with information on all of his accounts, including the title on all of his accounts.
Answered on Apr 14th, 2014 at 10:43 AM
2 Awards
Banks require death certificates, usually certified.
Answered on Apr 14th, 2014 at 10:43 AM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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You can get a copy of the death certificate at the local clerk of the county commission office.
Answered on Apr 14th, 2014 at 10:42 AM
3 Awards
You should bring both. The bank needs to see the death certificate as it has the SSN on it. Bring both.
Answered on Apr 14th, 2014 at 10:42 AM
Give the Bank what they want. It is not worth fighting with them. Just calling your attorney has cost you more than the cost of the death certificate. Many institutions will require the death certificate.
Answered on Apr 14th, 2014 at 10:41 AM
Give the bank your letter of authority. But if the bank insist on the dead certificate, give it to the bank instead of arguing with it.
Answered on Apr 14th, 2014 at 10:39 AM
As Executor of an estate, you will receive "Letters of Appointment" which is signed by the judge and which informs others, including banks, that you have the authority to collect the assets of the estate, pay all owing debts and taxes, and distribute the remains to the heirs. The bank should accept that document in place of the death certificate.
Answered on Apr 14th, 2014 at 10:21 AM
2 Awards
It depends on the signature card of the account. If the account is Joint Tenancy with Rights of Survivorship (JTWROS) or Payable on Death (POD) or Transfer on Death (TOD) or has a beneficiary designation, then a death certificate should suffice. In all other cases, an order from the probate court or letters testamentary / administration would be needed. In most cases, it's just easier to give the bank what they want for their internal bookkeeping purposes (in this case a death certificate) versus trying to explain to their staff why they don't need it.
Answered on Apr 14th, 2014 at 10:20 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your lawyer may be right, but is that getting you into the accounts? Provide a copy of the death certificate and don't waste money on the little stuff getting the lawyer involved.
Answered on Apr 14th, 2014 at 10:20 AM