How do gain control over a bank account in my late spouse’s name?

UPDATED: Jun 8, 2014

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How do gain control over a bank account in my late spouse’s name?

I have a death certificate and toke it to the bank and they won’t help me.

Asked on June 8, 2014 under Estate Planning, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Much more information is needed here to determine the correct course for you but generally speaking, you will need to have the authority under the law that pertains to collecting assets of the deceased in order to be able to collect the money solely in his name.  That required going through the probate court.  Kansas provides for a Small Estate proceeding and if this is the only property that is in his name only (I am assuming that everything else was jointly held) then that may be the way to go for you. Speak with the clerk of the probate court (they can not give legal advice but they can tell you the rules) or seek a consultation from an attorney in your area.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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