Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When a co-heir refuses to cooperate, you cannot access or control a decedent’s bank accounts until the court appoints an authorized representative. Under Missouri law, you must open a probate administration or use a small estate affidavit (if eligible) to secure funds. Follow these steps:
Step 1: File a Petition for Probate Administration
Submit a petition in the circuit court where the decedent resided. Missouri Revised Statutes § 473.130 governs petitions for administration. The petition asks the court to appoint a personal representative or executor.
Step 2: Obtain Letters of Administration or Letters Testamentary
After the court approves your petition, it issues official Letters of Administration (if no will) or Letters Testamentary (if the will names you). These letters grant legal authority to manage the estate, including freezing bank accounts.
Step 3: Post a Surety Bond (If Required)
The court may require a bond to protect the estate against mismanagement. Missouri Revised Statutes § 473.180 details bond requirements. Once bonded, you receive certified letters to present to banks.
Step 4: Provide Documentation to the Bank
Present the bank with:
- Certified copy of the decedent’s death certificate.
- Certified Letters of Administration or Letters Testamentary.
- Proof of bond (if applicable).
Upon receipt, the bank must freeze or secure the accounts under Missouri Revised Statutes § 472.360.
Step 5: Use a Small Estate Affidavit (When Eligible)
If the decedent’s personal property totals less than $40,000, you may use a small estate affidavit to claim assets without full probate. File the affidavit under Missouri Revised Statutes § 473.445. This process can speed access when co-heirs stall.
Step 6: Request Court Injunctive Relief (If Needed)
If the bank or co-heirs still resist, file a motion for injunctive relief or citation in your probate case. The court can issue an order compelling compliance and barring unauthorized withdrawals.
Helpful Hints
- Obtain multiple certified death certificates for banks and other institutions.
- Confirm estate value to determine small estate affidavit eligibility under § 473.445.
- Verify whether the court requires a bond and secure it promptly under § 473.180.
- Keep a detailed record of all filings and certified documents in a dedicated probate file.
- Consider consulting a local probate attorney for complex disputes or to file injunctive motions.