Los Fresnos, TX asked in Bankruptcy and Probate for Texas

Q: Accessing sister's bank account without will or POD in Texas

How can I or my mother access my sister's bank account in Texas if she left no will, POD, or listed beneficiaries? She lived with my mother and has no known debts or other assets.

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2 Lawyer Answers

A: One of you will have to petition the court to administer her estate. That will give you access to everything you need to administer her estate.

James L. Arrasmith
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Answered

A: If your sister passed away without a will, no designated beneficiaries, or a payable-on-death (POD) account, you'll likely need to go through a legal process called "small estate affidavit" or seek "letters of administration" to access her bank account. In Texas, when there’s no will, the estate typically goes through probate, which can take time and may require court involvement.

Since your sister lived with your mother, the next step would be to file a petition for administration of the estate. This means the court will appoint someone, often a close family member, to handle the estate's assets, including the bank account. If your mother is the one applying for this, she may be appointed as the administrator.

Once you have been appointed, you can contact the bank with the court order to access your sister's account. Be prepared to provide identification and other documentation the bank may require. You may also need to explain the situation to the bank and show proof that you're authorized to manage the account through the legal process.

Gratia "Grace" P. Schoemakers agrees with this answer

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