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  Home >> Special Situations >> Deceased Individuals  
Beneficiary Cannot Close Account

My father-in-law recently passed away. My mother-in-law is his sole beneficiary. She went to close a bank account that was in his name only and the bank would not let her do this. They told her that she had to go to probate. We live in Michigan. She also brought his Will and death certificate with her to the bank.


Unless the bank account in question was established as a pay-on-death account naming your mother-in-law as beneficiary on the bank's books, the bank acted properly. Your father-in-law's Will has no legal effect unless and until it is approved by the probate court and an administrator or executor is named by the court.

Your mother-in-law can contact the bank to ask whether it is able to pay the account out to a next of kin under state law. Some states have provisions allowing such payments when account balances are relatively small, and no formal claim has been made by the decedent's estate.

If that isn't possible, the Will has to be probated before anyone can access the account. Once the executor or administrator is appointed, he or she can provide the bank a copy of the certificate of appointment (Letters Testamentary in some states) to take control of the account.

Published on BankingQuestions.com 1/14/10