What to do if my father died without a Will but left a bank account?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption