My father-in-law passed away and the checking account that he and my mother used is in his name. My mother can write checks on the account. What does she need to do to change the account into her name?
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She should only have to provide the bank with a copy of your father-in-law's death certificate, if the account was joint. If the account was in your father-in-law's name alone (with your mother as an authorized signer), the account is officially part of your father-in-law's estate, and only the personal representative of his estate can touch the account. In that case, your mother's authority to use the account lapsed with her husband's death.
If the account is relatively small and an estate hasn't yet been set up, your mother or any other next of kin may be able to claim the account. Check with the bank holding the account for the applicable rules.
Published on BankingQuestions.com 10/10/07
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She should only have to provide the bank with a copy of your father-in-law's death certificate, if the account was joint. If the account was in your father-in-law's name alone (with your mother as an authorized signer), the account is officially part of your father-in-law's estate, and only the personal representative of his estate can touch the account. In that case, your mother's authority to use the account lapsed with her husband's death.