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veyates00
Jan 28, 2009, 06:16 PM
My father passed away the first of the year. He did not have a will and he didn't have either my name or my sisters on his banking accounts. I do have a copy of the death certificate and the account numbers. The bank said I needed to set up an estate account. How do I do this? Can I do it myself or will I need a lawyer? There are no other survivors other than myself and sister. My fathers only assets are a house in another state , a vehicle, and the money in his banking accounts.
Thank You

George_1950
Jan 28, 2009, 08:26 PM
Welcome to AMHD. You did not mention your father's state of residence. The property he owned at the time of death is his estate. The procedure for administering his estate will be found in that state's law. Check this, for example: Planning Your Estate -- Estate Administration (http://www.ncbar.org/download/planningYourEstate/estate_administration.html)

walt17
Jan 29, 2009, 07:19 PM
I went through the same experience earlier this year. The bank will require a court order to release the funds. You need to see an attorney who will draft the court order, file it, and then once a judge signs it, return it to you. You need to provide the attorney with a list of all assets, and the distribution of those assets. All heirs will have to sign, signifying their agreement.

It may work somewhat differently depending on the state you are in. But your attorney will handle all the paperwork for you. Some assets, such as the house, may not need to go through probate. But since you will need an attorney anyway, ask him to be on the safe side.

Fr_Chuck
Jan 30, 2009, 06:41 AM
To set up an estate account is easy, get a EIN number and open an account "estate of >>>"
Getting the money from the other accounts is another issue, the probate court will have to order it