Detailed Answer
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
1. Death Certificate
Obtain a certified copy of the decedent’s death certificate from the Utah Office of Vital Records. Banks require this document before taking any action.
2. Letters of Administration or Testamentary
Under Utah Code § 75-3-202, you must file a petition for appointment as personal representative in the Utah probate court (Utah Code § 75-3-202). Once the court approves, it issues certified Letters of Administration (if no will) or Letters Testamentary (if there is a will). Present a certified copy to the bank. These documents give you legal authority to manage, freeze, or secure estate assets.
3. Special Administration (Urgent Relief)
When estate assets—including bank accounts—face immediate risk, file a petition under Utah Code § 75-3-703 for appointment of a special administrator. The court may grant temporary authority to freeze or secure accounts until a full personal representative is in place.
4. Court Order or Injunctive Relief
If co-heirs still refuse cooperation, you can seek a restraining order or injunctive relief under the Utah Rules of Civil Procedure. Provide an affidavit showing the risk the accounts will be wrongfully depleted. A court order compels banks and heirs to comply.
5. Notice to Financial Institutions
Deliver to each bank:
- Certified death certificate
- Certified Letters of Administration or Testamentary (or Special Administration order)
- Any court order freezing or restraining asset distribution
Under Utah Code § 75-3-104, banks must honor these documents and secure the funds until further court instruction (Utah Code § 75-3-104).
Helpful Hints
- Compile a complete list of all known bank accounts and institutions.
- Keep multiple certified copies of court documents for each bank.
- Maintain a log of all communications with co-heirs and institutions.
- Consider mediation to resolve heir disputes before seeking aggressive court relief.
- Check Utah’s unclaimed property website if small balances go uncollected.
Disclaimer: This information does not constitute legal advice. Always consult an attorney licensed in Utah for personal counsel.