What Documentation Is Needed to Freeze or Secure the Decedent’s Bank Accounts When Co-Heirs Refuse to Cooperate? - Pennsylvania
The Short Answer
In Pennsylvania, banks typically will not take instructions from “co-heirs” to control a deceased person’s account. In most situations, the person with legal authority to secure (and later access) a decedent’s sole-name bank accounts is the court-appointed personal representative, and the key document is the court-issued proof of that appointment (commonly called “letters”).
If there is no appointed personal representative yet, the bank may restrict activity once it has notice of death, but it usually will still require formal estate authority before releasing information or funds (other than limited statutory exceptions).
What Pennsylvania Law Says
Under Pennsylvania’s probate framework, the estate’s assets are gathered and managed through a personal representative (executor/administrator). That matters because financial institutions generally need a clear, court-recognized decision-maker before they will freeze, retitle, or release funds—especially when family members disagree.
The Statute
The primary law governing who has the right to take control of a decedent’s assets during administration is 20 Pa.C.S. § 3311.
This statute establishes that the personal representative has the right to take possession of and administer the decedent’s real and personal estate during administration (with limited exceptions), which is why banks typically look for court-issued “letters” showing who the personal representative is.
Separately, Pennsylvania law also allows limited payments from a decedent’s deposit account for funeral-related purposes in smaller estates without a personal representative, but only if the statutory conditions are met. See 20 Pa.C.S. § 3101(b).
Practical takeaway: When co-heirs refuse to cooperate, the documentation that usually matters most is (1) proof of death and (2) proof of court authority (letters) for a single person who can act for the estate. Banks often have their own internal requirements as well, and disputes can trigger heightened scrutiny.
Related reading: How to get bank and investment account information during probate in Pennsylvania and Can I force an executor to share estate account information in Pennsylvania?.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your situation is rarely simple—especially when there is family conflict or suspicion that someone may drain accounts. Legal outcomes often depend on:
- Authority vs. “Heir” Status: Being an heir does not automatically give you power to direct a bank. If no one has letters yet, the estate may be exposed while family members argue about who should serve.
- Account Type Issues: Whether the account is solely owned, joint, payable-on-death (POD), or held in trust can change whether it is even an “estate” asset and who has rights to it.
- Dispute and Risk Management: If co-heirs are uncooperative, you may need court involvement to confirm who can act, prevent improper transfers, and create a paper trail that protects you from later claims.
Trying to handle this alone can lead to delays, bank refusals, or allegations that you interfered with estate property. A Pennsylvania probate attorney can move quickly to establish authority, communicate with the institution in the form it requires, and seek court relief when cooperation breaks down.
Get Connected with a Pennsylvania Probate Attorney
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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.