Probate Navigator

Question: Are there any banks or financial institutions demanding Letters Testamentary or Letters of Administration before releasing estate assets?

The number one rule is banking is only pay out once. Thus, before a bank, insurance company, or other financial institution will release the decedent's money to his or her heirs, the bank wants to be sure that another heir is not going to come looking for the same funds next week. If there is a will, then a bank may release money to the heirs named in the Will upon receiving a certified copy of the Will and the court's order that admits the will to probate. Most banks, however, will insist on only releasing funds to a court-appointed executor or administrator. Letters Testamentary or Letters of Administration are the documents that the court issues to that court-appointed fiduciary.

Yes, the Decedent had money in a bank or financial institution and the bank or financial institution is unwilling to release the assets in the decedent's account until they receive Letters Testamentary or Letters of Administration.

No, the Decedent either did not leave money in a bank or financial institution or the financial institution is willing to release the assets in the account upon the receipt of a death certificate, and a certified copy of the court's judgment declaring exception.

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