What Documentation Is Needed to Freeze or Secure the Decedent’s Bank Accounts When Co-Heirs Refuse to Cooperate? (WA)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for educational purposes only and is not legal advice. Consult an attorney for advice about your particular situation.

Detailed Answer

When someone dies, their bank accounts become part of the decedent’s estate. To protect those assets—especially if co-heirs refuse to cooperate—you must obtain court-issued documents that authorize you to act on behalf of the estate. Banks will freeze or restrict access only after they receive proper documentation.

1. File a Probate Petition

Begin by filing a petition for administration with the Washington Superior Court in the county where the decedent lived. Depending on whether the decedent left a will, you’ll request either:

  • Letters Testamentary (if there is a will), or
  • Letters of Administration (if there is no will).

See RCW 11.28.010 for requirements and procedures: RCW 11.28.010.

2. Obtain a Certified Death Certificate

Submit a certified copy of the decedent’s death certificate to the court and the bank. Banks require proof of death before they freeze or transfer account funds.

3. Secure Letters from the Court

Once the court approves your petition, it will issue certified Letters Testamentary or Letters of Administration. These letters formally appoint you as the personal representative. They grant you the power to manage, freeze, or distribute estate assets.

4. Present Documentation to the Bank

Provide the bank with:

  • The certified death certificate.
  • A certified copy of your Letters Testamentary or Letters of Administration.
  • Your personal identification.

Under RCW 11.40.040, financial institutions must honor these court documents and restrict access to the account to protect estate assets.

5. Request a Court Order If Needed

If co-heirs continue to block estate administration, you can ask the court for a restraining order or surcharge against non-cooperative heirs. The court may sanction heirs who refuse to comply with their fiduciary duties.

Helpful Hints

  • Keep copies of all filings and certified documents.
  • Serve notice to all heirs as required by RCW 11.28.210.
  • Research local court probate calendars and deadlines.
  • Consider hiring a probate attorney if the estate is complex.
  • Promptly notify the bank of your appointment to avoid unauthorized withdrawals.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.