Detailed Answer
When someone dies in Ohio, their bank accounts become part of the probate estate. If co-heirs refuse to cooperate, you can ask the probate court to freeze or secure those accounts through a sequestration or temporary restraining order. Below are the key documents you will need:
1. Certified Death Certificate
You must obtain a certified copy of the decedent’s death certificate from the local health department or funeral home. Banks require this to confirm the account holder has passed away.
2. Petition for Appointment of Administrator (or Executor)
File a Petition for Letters of Authority under Ohio Rev. Code §2109.21 (ORC 2109.21). This names you as the estate administrator when there is no will, or an executor if a will exists.
3. Letters of Authority (Letters Testamentary or Letters of Administration)
Once the probate court grants your petition, you receive certified Letters of Authority. Present these to the bank as proof of your power to act on the estate’s behalf.
4. Petition for Sequestration
Under Ohio Rev. Code §2109.11 (ORC 2109.11), file a petition requesting the court sequester (freeze) the bank accounts. The petition should:
- Detail the decedent’s assets, including bank account balances.
- Explain co-heirs’ refusal to cooperate.
- Request a court order directing banks to hold funds intact.
5. Notice of Hearing and Service
Serve all interested parties—including co-heirs and each affected bank—with the petition and a Notice of Hearing. Ohio Rev. Code §2109.12 (ORC 2109.12) requires proper service so that everyone has a chance to be heard.
6. Bond (if Required)
The probate court may require you to post a bond to protect the estate against loss. Check local probate court rules for bond amounts.
7. Court Order Freezing Accounts
If the court finds good cause, it will issue an order sequestering the accounts. Obtain certified copies of this order to present to each bank.
8. Presentation to Banks
Take the following to each bank branch holding decedent funds:
- Certified death certificate.
- Certified Letters of Authority.
- Court order sequestering the accounts.
Under Ohio Rev. Code §2113.03 (ORC 2113.03), banks must comply with a valid court order and may place a hold on the accounts.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney when dealing with probate or estate administration.
Helpful Hints
- Start probate early to avoid disputes and delays.
- Keep detailed records of all filings and service receipts.
- Check local probate court rules for specific forms and bond requirements.
- Consider mediation if co-heirs remain uncooperative.
- Consult an attorney if the estate holds complex assets or debts.