Q: Can an executor named in the will open an estate bank account when probate is not required?
Is a copy of the will naming the executor sufficient to open an estate bank account when a "letter of testamentary"
does not exist because the estate was not required to go through probate according to the statutes of that particular state (TN)?
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A: I am not aware of any State that legally requires Probate Administration for every decedent. But anyway the so called executor may have actually filed a Will for Probate that you do not know about. You probably need to call the Chancery and/or Probate Courts for the Counties in which you feel jurisdiction might lie and inquire. If no Will is filed for Probate, then no executor exists. Some Bank might open an account without a Letters Testamentary/Administration, but it is very doubtful. An SS-4 Number is usually required also. You may wish to hire an attorney to look into it if there are sufficient assets to be concerned about.
Nina Whitehurst agrees with this answer
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