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

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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

Answers:

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

Answered 7 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.


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