Herndon, VA asked in Probate for Virginia

Q: Can a non executor close the bank account of someone who is deceased?

Related Topics:
2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: If the account had a joint tenant with right of survivorship that was not a Totten Trust or a POD or a designated beneficiary, then the funds pass to the designated beneficiary outside of probate. The executor has very little to do with it, and the bank should only require the beneficiary to produce a death certificate and proof of their identity. So, yes, a non-executor who is qualified can close an appropriately titled bank account of a deceased person. If you are uncertain as to whether those conditions apply, and particularly if you are the executor or the most qualified person to become the executor, you should set top a consult with a lawyer who covers probate.

Ross Cameron Hart agrees with this answer

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Probate Lawyer
  • Salem, VA
  • Licensed in Virginia

A: Mr. Sternberg is correct - if the account had joint ownership or survivorship then the individual named - even if also the executor - could close it. Also, if the estate was below $50,000 it falls under the 'small estate act' provisions of Virginia law and no formal administration (court papers) are needed.

There is a provision that money in a joint account can be reclaimed by an executor if certain conditions are present (typically more debts than other assets being available to cover them). That provision is very technical and a lawyer should assist.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.