How can I prove my executor authority to a bank and close the decedent’s accounts? - Pennsylvania
The Short Answer
In Pennsylvania, banks typically require proof that you are the court-appointed personal representative before they will let you access or close a decedent’s sole-name accounts. In most cases, that proof is your Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), issued by the county Register of Wills.
What Pennsylvania Law Says
Under Pennsylvania probate law, the personal representative is the person with legal authority to take control of and administer the decedent’s property during estate administration. That authority is what banks are looking for before they will release funds, close accounts, or retitle assets.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3311.
This statute establishes that a personal representative has the right to take possession of and administer the decedent’s real and personal estate during the administration of the estate.
Why You Should Speak with an Attorney
While the general rule is straightforward, banks often apply their own compliance requirements—and mistakes can create delays, tax issues, or personal liability. Legal outcomes often depend on:
- Strict authority requirements: If you do not have valid, current Letters (or the bank believes they are outdated/insufficient), the bank may refuse to act—even if you are named in the will.
- Burden of proof: You may need to show the account is a probate asset (not payable-on-death, not jointly owned, not held in trust) and that you are the correct fiduciary to act.
- Exceptions and special situations: Out-of-state fiduciaries and multi-state estates can trigger additional documentation and legal analysis. For example, Pennsylvania has specific rules for a foreign fiduciary dealing with Pennsylvania bank accounts. See 20 Pa.C.S. § 4102.
An attorney can quickly identify what the bank is allowed to require, confirm whether probate is needed for the specific account(s), and help you avoid missteps that can expose you to disputes with heirs/beneficiaries or creditor claims.
If you want more background on related banking steps executors commonly face, you may also find these helpful: opening an estate bank account in Pennsylvania and getting an estate EIN.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
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.