Probate Court Case Analysis

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2048 × 1466 Caption In many cases, an account can't be closed until the estate is settled in probate court. Alternate Text Group While death is certain, the fate of a decedent's bank account is not. Sometimes bank accounts are closed immediately upon death. In other cases, the accounts remain open for months or even years as the estate awaits settlement in probate court. Co-ownership of a bank account also affects the timing of how long the account can stay open. Probate Process Typically, the belongings of a person who dies pass to beneficiaries through the probate process. The same is true of their bank accounts. Accounts stay open until the probate court settles the estate and determines who will get the money in the account. Often, however, the executor is allowed to access funds in the account to pay final expenses, like funeral costs. To do so, you must provide letters testamentary to the bank. A letter of testamentary sounds complex, but it's just a letter issued to you by the probate court. This letter confirms that you are the executor of the estate and have the legal authority to access the deceased's funds. You'll need this letter to …show more content…

For example, you might have to file a copy of a death certificate with the bank. Some banks require an original death certificate rather than a copy. You will also need to request a taxpayer identification number for the decedent's estate. You can easily obtain one form the IRS and will need it to transfer existing bank accounts or create new ones. When you do close the account, the event may trigger early withdrawal penalties, depending on the type and terms of the account. To remedy this problem, you can change the name of the bank account to your name without actually closing it. If you choose this option but are required to share the contents of the account with another person, you may have to pay them their share out of your own

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