How do we obtain deceased mother's bank funds? 7 Answers as of May 13, 2011My mother passed in April, left only a hand written will (not notarized) stating that the money left ($40K in bank of America) to be divided among 3 siblings. How do we obtain it? Where do we start? Bank informed us that account would be placed on Hold and we need to go to court? Not sure of the right steps to take.
Theodore W. Robinson, P.C. | Theodore W. Robinson
You need to file an Administration Proceeding in Surrogates or Probate Court and have an Administrator (usually one of the siblings) to administer the estate, including the bank account and split it up according to the law of the state in which you reside. I suggest you hire an estate attorney to handle the matter for you, but it's a minimal amount so it may be just as well to handle it as a small estate on your own. Call the local county Surrogates Court for more information. Good luck and I'm sorry for your loss.
Answer Applies to: New York
The Schreiber Law Firm | Jeffrey D. Schreiber
It depends on which state you live in, as state laws vary form state to state. In many states, you can take a certified copy of the death certificate to the bank to have the money released. If not, then it depends on whether you state recognizes hand written wills. If so, then you need to open a probate case to probate the will.
Answer Applies to: California