Mom died no will small chunk of money in bank no access

Im only heir what is best way to collect money in bank account?can i write
myself a check?

Asked on May 23, 2018 under Estate Planning, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless you are also listed on the account, you cannot legally write any checks from it. What you'll have to do is to open a probate and get yourself appointed as the personal representive (which is like an executor when there is no Will). Then you'll have the authority to take the money out of the bank. However, depending on the amount in question, there is a cheaper and quicker alternative. N.H. recognizes a summary administration proceeding which is an alternative to formal probate and isknown as a “Waiver of Administration Affidavit". You can check online for further information or check directly with the local probate court.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless you are also listed on the account, you cannot legally write any checks from it. What you'll have to do is to open a probate and get yourself appointed as the personal representive (which is like an executor when there is no Will). Then you'll have the authority to take the money out of the bank. However, depending on the amount in question, there is a cheaper and quicker alternative. N.H. recognizes a summary administration proceeding which is an alternative to formal probate and isknown as a “Waiver of Administration Affidavit". You can check online for further information or check directly with the local probate court.


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