My father died in SC without a will. He has no assets but a checking account. How do I get a Letter of Testementary in order to access that account?

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My father died in SC without a will. He has no assets but a checking account. How do I get a Letter of Testementary in order to access that account?

Asked on May 26, 2009 under Estate Planning, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a South Carolina lawyer, but my research suggests that you will have to make a written application to the court for the county where your father last made his home.  If his bank account was in a different county, you might have to then take the original letter of administration to that county's court as well.

There is more to this process than simply getting the letter, and then taking the money out of the checking account, especially if there are other potential heirs involved.  You should give very serious consideration to reviewing all the facts of the case with a qualified South Carolina attorney before you start the process.  One place to find a lawyer who can help you is our website, http://attorneypages.com


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