Q: As the executor and beneficiary of my late fathers will. That has already been through probate.
Do I need to show a copy of the will to the bank?
A: I would need to know more details to answer this question correctly, but generally, you are required to file the Will with the Probate Court in the County where the decedent died within 30 days of your knowledge of their death. This is required to begin opening a probate action in that County. If the bank has accounts that are required to pass through probate (meaning they did not pass non-probate such as by a Payable on Death designation or through a Trust) then the Bank may want to see a copy of the Will. What happens to the bank accounts will be dictated by the Will if the accounts did not pass non-probate (outside the Will). I would work with a qualified probate attorney in the County where the decedent died to help you sort through all of this. Depending on the size of the estate, if you need to open an informal probate administration, then there are multiple steps that must be followed before you get to the point where you can distribute bank accounts.
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.
