How can I locate and identify all of my spouse’s bank accounts and assets after death? - Pennsylvania
The Short Answer
In Pennsylvania, the person appointed by the Register of Wills as the estate’s personal representative (executor/administrator) has the legal duty to identify, value, and disclose the decedent’s assets through a verified estate inventory. If you are not the appointed personal representative, your ability to obtain bank and financial information is often limited until someone is formally appointed.
What Pennsylvania Law Says
Locating accounts and assets after a death is not just a practical task—it is part of the fiduciary’s legal obligations in estate administration. Pennsylvania law requires the personal representative to gather estate property, identify what the decedent owned, and formally report it to the Register of Wills. If additional assets are discovered later, the personal representative must update the filing.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3301.
This statute establishes that the personal representative must file a verified inventory of the decedent’s real and personal estate (with limited exceptions) and sets timing rules for when that inventory must be filed.
In addition, if property is discovered after the inventory is filed, Pennsylvania requires a supplemental filing. See 20 Pa.C.S. § 3303.
If you are concerned an inventory is incomplete, Pennsylvania law allows interested parties to raise objections. See 20 Pa.C.S. § 3305.
Related reading: What documents banks require to release a deceased person’s account records in Pennsylvania.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: The inventory has a statutory timing requirement tied to estate administration and tax filing deadlines under 20 Pa.C.S. § 3301(c), and the court can order an inventory sooner.
- Burden of Proof: Banks, brokerages, and other institutions typically require formal authority (letters testamentary/letters of administration) before releasing information—without it, you may hit a wall even if you are the surviving spouse.
- Exceptions: Not everything is a “probate asset.” Joint accounts, beneficiary-designated accounts, and certain transfers may pass outside the estate, while still affecting taxes and family rights—misclassifying assets can create disputes and personal liability.
If you suspect missing accounts, hidden assets, or an incomplete inventory, an attorney can help you use the estate process to compel proper disclosure and, when appropriate, challenge an inventory or accounting before mistakes become irreversible. For more on disputes, see challenging an executor’s accounting in Pennsylvania.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.