How to get a letter of Testamentary from Next Co Texas to access my deceased father’s bank account that he opened in SA Tx

UPDATED: Oct 1, 2022

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How to get a letter of Testamentary from Next Co Texas to access my deceased father’s bank account that he opened in SA Tx

My dad opened an account
with Wells Fargo in SA and
I am now in Colo and I am
having a great deal of
trouble with getting access
to the account. They tell
me I need a letter of
Testamentary from Texas to
get it done.

Asked on March 28, 2018 under Estate Planning, Colorado


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

Answered 4 years ago | Contributor

I am so sorry for your loss. Generally what happens is that the state freezes accounts of people who pass away. You would have to file a Petitoon in the Probate Court of the county in which he resided at the time of his death in order to be appointed as the personal representative of the estate and receive Letters of Adminsitration to allow you to marshall his assets, i.e., clear out the bank account.  Sometimes states have small estate proceedings that allow easier ways to do this, but it caries from state to state.  Do a search online of the state Probate Laws wherer Dad passed and see what the requirements for a small estate are.  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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