Asked in Probate for Tennessee

Q: I went through Probate as the estate admin. I received the Quit Claim and apparently the case is over. Or is it?

The property includes a bank account. Since the quit claim is for real estate, how are bank accounts outlined and settled in the Probate process? I am currenty Estate admin of the account with restricted access from the bank. What paperwork do I need to have the restrictions removed?

I thought a quit claim includes all property and not only real estate.

Thanks Steve

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3 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: If you are the administrator of the estate, you received a document called "letters of administration" from the court clerk when the estate was opened. If you didn't get this , or if you have lost it, you can always go back to the clerk's office and get a certified copy. These "letters" are your authority from the court to close the bank accounts, etc ( doing all the duties of the administrator, including paying any bills of the deceased, etc). I don't know why ( and it sounds extremely odd) that the bank has "restricted access" as you say. Your question indicates that you need an experienced probate lawyer to make sure you fulfill your duties as administrator, so consult one soon.

Anthony M. Avery agrees with this answer

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Apparently you have not performed hardly any Administration duties. What about Claims? You talk about a QCD, but from whom to who? Rarely does real property go through an Estate. I seriously doubt you are ready to close the Estate. Hire a competent attorney to wind up the Estate, and lessen your exposure to fiduciary liabilities such as being sued or paying for the Decedent's debts yourself.

Frank J. Steiner
Frank J. Steiner
Answered
  • Probate Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: There are requirements that must be met before closing an estate, such as a TennCare release, publication, etc. If you are administrator of an intestate estate you should have received letters of Administration that will permit you access to accounts.

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