Detailed Answer
After a person dies, their bank accounts become part of the decedents estate. To secure or freeze these accounts when co-heirs refuse to cooperate, you generally need to obtain certain documentation from the probate court and present it to the financial institution. In Idaho, the key steps and documents include:
- Certified Death Certificate: Obtain multiple certified copies of the death certificate from the county clerk or state vital records office. Banks require an official death certificate to recognize the account owners death.
- Petition and Appointment of Personal Representative: File a petition for letters of administration (if there is no will) or letters testamentary (if there is a will) under Idaho Code §§ 15-3-302 to 15-3-304 (Idaho Code Title 15, Chapter 3). The court will appoint a personal representative who has authority to manage and protect estate assets.
- Letters of Administration/Testamentary: Once appointed, the personal representative receives certified letters issued by the court. Provide the bank with a certified copy of these letters. Banks will accept these letters as legal proof of authority to act on behalf of the estate.
- Application for Special Administration (if needed): If immediate action is required—such as freezing accounts to prevent dissipation—file for a special or ancillary administrator under Idaho Code § 15-3-114 (Idaho Code § 15-3-114). The court can issue an order directing the bank to hold funds until further court order.
- Small Estate Affidavit (Optional): If the total personal property is valued at $100,000 or less and no real property is involved, you may use a small estate affidavit under Idaho Code § 15-3-701 (Idaho Code § 15-3-701). This affidavit allows heirs to collect funds directly from banks without full probate, but all co-heirs must sign or you must seek a court order to proceed absent their consent.
- Court Order or Injunction (if co-heirs refuse): When heirs or co-heirs refuse to cooperate, petition the probate court for an injunction or order compelling cooperation or authorizing the bank to release funds to the appointed representative alone. Present the court order and certified letters to the bank.
Present all above documentation—along with a valid photo ID of the personal representative—to the financial institution. Each bank may have its own internal procedures, but Idaho law requires banks to comply with proper court orders and certified probate documents.
Helpful Hints
- Start probate promptly to avoid unauthorized withdrawals.
- Obtain multiple certified death certificates; banks often charge per copy.
- Consult the local probate clerk to verify filing fees and forms.
- If accounts contain less than $100,000, review the small estate affidavit process.
- Maintain clear communication with all heirs; document your efforts to cooperate.
- Keep detailed records of all filings and communications with banks.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in Idaho.