Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Massachusetts attorney for guidance on your specific situation.
Detailed Answer
1. Identify and Appoint the Personal Representative
Under Massachusetts law, only a court-appointed personal representative (also called an executor or administrator) may access a deceased person’s bank accounts during probate. To become the personal representative, you must file a petition with the Probate and Family Court in the county where the deceased lived. The court will review the petition and issue Letters of Administration or Letters Testamentary if the will names an executor.
• Refer to Massachusetts Uniform Probate Code, MGL c.190B §3-301: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-301
2. Obtain Certified Copies of the Death Certificate and Letters
After appointment, request at least two certified copies of the death certificate from the city or town clerk where the death occurred. Also obtain the court-issued Letters of Administration or Letters Testamentary. Banks require these documents to verify authority to access the account.
3. Present Required Documents to the Bank
Bring the following to each financial institution holding the deceased’s accounts:
- Certified death certificate
- Original Letters of Administration/Testamentary
- Valid photo ID of the personal representative
- Account numbers or statements (if available)
The bank will review the paperwork, close or transfer the account, and release funds according to the estate plan or Massachusetts intestacy rules.
4. Use the Small Estate Affidavit Process (If Eligible)
If the deceased’s total personal property (excluding real estate) is worth $25,000 or less and at least 30 days have passed since death, an heir or devisee may collect funds without formal probate using an Affidavit of Collection. This streamlines access for small estates.
• See MGL c.190B §3-1203: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-1203
5. Consider Joint Accounts and Payable-on-Death Designations
If the deceased held joint accounts with right of survivorship or named a payable-on-death (POD) beneficiary, the remaining owner or beneficiary can claim funds by presenting the death certificate and identification. These accounts bypass probate.
Helpful Hints
- Review the will or estate plan for guidance on beneficiaries and executors.
- Request multiple certified death certificates early to avoid delays.
- Contact each bank branch to confirm specific document requirements.
- Maintain a detailed inventory of all estate assets and account numbers.
- Keep copies of all filings and correspondence with the probate court.
- Consult an attorney if assets exceed the small-estate threshold or if disputes arise among heirs.