Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a loved one dies, banks typically require formal court documents before they freeze or restrict access to the decedent’s accounts. Under Wyoming law, only a court-appointed personal representative (also called an administrator or executor) has legal authority to act on behalf of the estate.
1. Petition for Administration
Begin by filing a petition for administration in the district court of the county where the decedent lived. See Wyo. Stat. Ann. § 2-6-201 (Title 2, Chapter 6). Attach a certified copy of the death certificate to your petition.
2. Letters of Administration or Testamentary
Once the court grants your petition, it issues Letters of Administration (if there is no will) or Letters Testamentary (if there is a valid will). These letters serve as official proof of your authority. Banks will accept certified copies of these letters to freeze or access the decedent’s accounts.
3. Bond and Oath
The court usually requires the personal representative to post a bond and take an oath before issuing letters. See Wyo. Stat. Ann. § 2-6-207 (Title 2, Chapter 6).
4. Court Order to Freeze Assets
If co-heirs refuse to cooperate, you may request a preliminary injunction or protective order to secure estate assets. Under Wyo. Stat. Ann. § 2-6-409 (Title 2, Chapter 6), the court can issue orders restraining anyone from withdrawing or transferring funds.
5. Presenting Documents to the Bank
At each financial institution, present:
- A certified death certificate
- Certified Letters of Administration or Testamentary
- Court order or injunction (if obtained)
- Proof of bond, if the bank requests it
Some banks require additional paperwork, such as a copy of the will or a bank-approved affidavit. Contact each bank’s probate or legal department for its specific requirements.
Helpful Hints
- Obtain multiple certified death certificates—banks often require original seals.
- File your petition in the correct county to avoid delays.
- Serve notice on all heirs and interested parties as soon as you file the petition.
- If heirs remain uncooperative, ask the court to hold them in contempt or appoint a neutral administrator.
- Keep detailed records of all assets and communications with banks.
- Consider mediation or alternative dispute resolution to resolve heir disputes faster.