Executor Requirements?

[HowardC]

What is the name of your state? Virginia
Mom passed away in January, she was living here in Virginia since last June, before that, in Florida. Her will named my sister and I as beneficiaries, my sister is also gone. All bank accounts are either joint (her, me, my sister) and/or names me as beneficiary. I had no problem except at one bank in Florida (account joint me, mom, and my sister) who insist I must get some legal statement from A Viriginia court showing me as having the right to this account. I thought I didn't have to do anything in Viriginia, certainly not probate. Am I stuck?

 

[JETX]

Depends.
You will have to look at the EXACT form of the account first and determine why they are insisting on a court order... and whether they are correct.

 

[Dandy Don]

Does your mother have other assets that need to be probated and did she leave a will?

It is officially the executor/administrator that will be responsible for claiming this money, and you can simply fill out the paperwork at the courthouse to become administrator and will soon afterwards receive letters testamentary giving you authority to claim any and all assets.

But it does seem like the bank is trying to make things more difficult than they should be. Ask them again if it would be possible for them to make out a check jointly in the names of you and your sister (under the legal concept/business law concept of right of survivorship) if you provided them with a certified copy of your mother's death certificate. If they won't do it then, you have no choice but to file to be administrator, since banks usually only release funds to the administrator of an estate.

 

[HowardC]

Does your mother have other assets that need to be probated and did she leave a will?

No assets have to be probated, and she left a will naming me as Executor, and everything goes to me and my sister (she has passed away.

I
But it does seem like the bank is trying to make things more difficult than they should be.

They are. No other bank or broker gave me a hard time, and it was the same deal, joint ownership with rights of survivorship. The bank manager wouldn't even talk to me about it, the person at the desk got her on the phone and that was it. I took a special trip to Florida to settle all this stuff, and this one is a pain. Maybe this bank has a hanging chad in their rulebook.