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Intestate: What Happens to Accounts?

When my mother recently passed away, she was married and had a checking account in only her name. We are unable to locate a Will. Who would be the beneficiary for this account, her husband, her children, or all? How is a claim made on this account?

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If your state has a law that allows a bank to pay out small-balance accounts to a next-of-kin, the family can decide who will make a claim under that law. You can check with the bank to find out if such a law is available. You would need to provide the bank a copy of your mother's death certificate and whatever other paperwork the bank requires.

If the bank is unable to assist you, and if the sum in the account is worth the trouble, your state may have a small estate probate law that allows for the appointment of an administrator for your mother's estate. The administrator would then be able to arrange to access your late mother's account.

Published on BankingQuestions.com 12/05/08