Disclaimer: This article is for informational purposes only and is not legal advice.
Detailed Answer
When a decedent dies and co-heirs refuse to cooperate, freezing or securing bank accounts requires court action and specific documents. Below are the key steps and documentation requirements under Minnesota law.
1. Certified Death Certificate
Banks require a certified copy of the death certificate to confirm the account holder’s death. Obtain multiple certified copies from the county vital records office.
2. Petition for Appointment of Personal Representative
File a petition for formal probate administration under Minn. Stat. § 524.3-203 524.3-203. This petition initiates the estate and names a personal representative.
3. Letters of Administration or Letters Testamentary
After the court appoints a personal representative, it issues Letters Testamentary or Letters of Administration under Minn. Stat. § 524.3-312 524.3-312. Present these letters to the bank to freeze or secure the accounts.
4. Petition for Special Administration
If co-heirs will not join the probate or even acknowledge the estate, ask the court to appoint a special administrator under Minn. Stat. § 524.3-706 524.3-706. The special administrator can obtain limited authority to freeze assets.
5. Court Order to Freeze Accounts
The personal or special administrator may request a court order to restrain account withdrawals. The order directs banks to hold funds until further court instructions.
6. Notice to Interested Parties
Provide formal notice to all heirs and interested persons under Minn. Stat. § 524.3-204 524.3-204.
7. Bond and Oath
The court often requires a fiduciary bond and oath from the personal or special administrator. This secures estate assets against mismanagement.
Helpful Hints
- Contact the probate court clerk early to understand local filing requirements.
- Gather multiple certified death certificates before filing any petitions.
- Keep detailed records of all communications with co-heirs and banks.
- Consider mediation if heirs refuse to cooperate without court intervention.
- Consult a probate attorney for guidance on complex estates.
- Ask banks about their estate department and required forms.
- File required affidavits of heirship if no will exists.