Obtaining funds from my deceased fathers bank account

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Obtaining funds from my deceased fathers bank account

Hello. My father recently passed away. He is a Greek citizen and passed away in
Greece. For many years he worked in the US. He had set up a bank account in the
US to receive his monthly SS retirement benefits. I am an American citizen. What
can I do to withdraw these funds from the bank? There is no will. I am his only
heir. Thank you for your time.

Asked on November 1, 2018 under Estate Planning, New Jersey

Answers:

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

Answered 2 years ago | Contributor

I am so sorry for your loss.  Would the amount that is in there qualify to be probated under a small estate in New Jersey? That would be called a Summary Proceeding. Under New Jersey Law, if the value of all property is less than $10,000, and there is no surviving spouse or registered domestic partner, one heir, with the consent of the others, can file an Affidavit with the court and receive all of the assets. See N.J. Stat. Ann. 3B:10-4.  If you are the only heir the court may require an affidavit to that effect.   Good luck.


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