Q: Filed Small Estate Affidavit. Need bank account open but don't have letters of Testamentary (of course). Know of a bank?
Banks are asking for Letters of Testamentary, and I tell them that the estate filed Small Estate Affidavit, so no letters of Testamentary, and I provide them a certified copy of the Affidavit, but they won't help. Are there any banks that will open an account with the Small Estate? I need to deposit checks made out to the estate. What are my options if I can't find a bank to open an account with the small estate? I really don't want to file full probate in order to get the letters of Testamentary, but is that where I'm left at? And if I do, how does that work with an already filed small estate?
My father died in Oregon, and I reside in Fargo.
A: I'm sorry for your loss. Trouble with banks and small estates is a common challenge, unfortunately. I recommend trying a Credit Union in Oregon to set up the estate account. Since every state has a different small estate procedure it's unlikely that you will convince a bank in Fargo to accept the small estate affidavit.
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