Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When co-heirs refuse to turn over a decedent’s bank accounts, you must go through Surrogate’s Court in
1. Obtain a Certified Death Certificate
You must submit a certified copy of the decedent’s death certificate. Banks will not act until they see an official death record from the local registrar or the New York State Department of Health.
2. Petition for Letters Testamentary or Letters of Administration
If the decedent left a valid will, file for letters testamentary. In an intestate case (no will), file for letters of administration as a distributee. Under SCPA §1001, the court grants letters to the person entitled to administer the estate.
SCPA §1001
3. Post a Surety Bond (if required)
The court usually requires a bond to protect estate assets. SCPA §1302 sets the bond amount based on estate value. Once you post the bond, the court issues certified letters appointing you as executor or administrator.
SCPA §1302
4. Secure Interim Letters (when heirs won’t cooperate)
If co-heirs delay or refuse cooperation, request provisional letters under SCPA §1008. These interim letters let you take custody of personal property, including bank accounts, while the full administration case proceeds.
SCPA §1008
5. Serve Bank with Certified Documents
Present the bank with:
- Your certified letters of administration or testamentary
- Certified death certificate
- Surety bond information (from court)
- A photo ID matching your name on the letters
After verifying, the bank must freeze or restrict account withdrawals to protect the estate.
6. Seek Injunctive Relief (if necessary)
When heirs continue improper withdrawals, file for a preliminary injunction under SCPA §204. The court can order all parties to preserve estate assets, including bank funds, until it resolves the administration.
SCPA §204
Helpful Hints
- Verify the bank’s specific requirements for certified copies and bond details before approaching the branch.
- Keep originals of all court-issued documents; banks often require certified copies stamped by the clerk.
- Maintain a detailed log of communications with co-heirs, the bank, and the court.
- Consider hiring a court reporter if heirs challenge your application to avoid disputes about notices and filings.
- Confirm filing fees and bond premiums with the Surrogate’s Court clerk to prevent delays.