Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When someone dies, their bank accounts remain accessible until the financial institution receives the correct legal documents. In Massachusetts, only a properly appointed personal representative or a court-appointed special administrator can secure or freeze these accounts, especially when co-heirs refuse to cooperate.
1. Obtain a Certified Death Certificate
Request multiple certified copies from the funeral home or the Massachusetts Registry of Vital Records and Statistics. Banks typically require an original or certified copy to acknowledge the death.
2. File for Letters of Administration
Submit a Petition for Appointment of Personal Representative at the Probate and Family Court in the county where the decedent resided. Your petition should include:
- The decedent’s full name, date of death, and last residence
- A list of all heirs and their relationships
- An estimated value of the estate’s assets
- Designation of a personal representative (you or another eligible individual)
See Mass. Gen. Laws ch. 190B, § 3-701: M.G.L. c.190B §3-701.
3. Address the Bond Requirement
Under M.G.L. c.190B, § 3-707, the court may require a bond to protect estate assets. Heirs can unanimously waive the bond by signing a waiver. Include either the bond or signed waivers with your petition.
4. Seek a Special Administrator if Necessary
If co-heirs block the administration process or refuse to cooperate, file a Petition for Appointment of Special Administrator under M.G.L. c.190B, § 3-715: M.G.L. c.190B §3-715. The court can grant limited authority to secure accounts, preserve assets, and handle urgent matters.
5. Present Documents to the Bank
Once appointed, bring the following to the bank:
- Certified death certificate
- Letters of Administration or Special Administration (original or certified copy)
- Oath of office for the personal representative or special administrator
- Court order specifying the administrator’s authority (if special administrator)
The bank will freeze the decedent’s account or follow the court’s directions for securing the funds.
Helpful Hints
- Order extra copies of the death certificate; banks often keep one for their file.
- Maintain clear records of all court filings and correspondence.
- Check the local Probate Court website for required forms and filing fees.
- Attend any court hearings to address objections from co-heirs promptly.
- Be aware of estate tax deadlines to avoid penalties for late filings.