What to do if my father died without a Will but left a bank account?
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What to do if my father died without a Will but left a bank account?
I am his only descendant and living relative. When I went with a death certificate to his bank to close his account but was told I needed a letter of intestate, since he had no Will. Where do I obtain that?
Asked on March 13, 2015 under Estate Planning, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. You would get any legal document relating to the death and processing of your Father's estate from the Probate Court. But, you may be able to obtain the funds in the account using what is called a small estate affidavit. Under Illinois Law, you do not have to proobate the estate under $100,000 and can transfer the asset you have via a Small Estate Affidavit. See 755 Ill. Comp. Stat. § 5/25-1. If you go online to your local county probate court there may be a form. Or a local Bar Association. Good luck.
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