Disclaimer: This article provides general information under Rhode Island law and does not constitute legal advice.
Detailed Answer
When a decedent’s bank accounts need securing and co-heirs refuse to cooperate, the appointed fiduciary (executor or administrator) must obtain certain court-issued documents. Following these steps helps ensure banks legally freeze or transfer funds to the estate’s representative.
1. Certified Death Certificate
Start by ordering multiple certified copies of the decedent’s death certificate from the Rhode Island Division of Vital Records. Banks require an official death certificate to identify the account holder as deceased.
2. Letters Testamentary or Letters of Administration
If the decedent left a valid will, the named executor petitions the probate court for Letters Testamentary. If there’s no will, a next-of-kin petitions for Letters of Administration. These letters grant authority to manage estate assets. See R.I. Gen. Laws § 33-15-1 (link).
3. Court Order to Freeze Accounts
If co-heirs remain uncooperative, the fiduciary can file a motion in probate court seeking an order to secure estate assets pending distribution. The court reviews evidence of non-cooperation and may issue a protective order directing banks to freeze the decedent’s accounts.
4. Provide Documentation to the Bank
Present the bank with:
- Certified death certificate
- Certified Letters Testamentary or Letters of Administration
- Copy of the probate court’s freeze order (if issued)
Banks in Rhode Island must comply with fiduciary orders under R.I. Gen. Laws § 33-15-4 (link).
Helpful Hints
- Check filing fees and deadlines with your local probate court.
- Keep certified copies on hand—banks may require original certification.
- Maintain clear records of all correspondence with co-heirs and financial institutions.
- Consider appointment of a neutral third-party mediator to resolve heir disputes.
- Consult a probate attorney if the process becomes contested or complex.