How to Access a Deceased Relative’s Bank Account in Massachusetts Without a Will

Question from J LUV, How to Access a Deceased Relative’s Bank Account in Massachusetts Without a Will

Answer from AI:

When a loved one passes away without leaving a will, it can complicate matters, especially when it comes to accessing their bank accounts. In Massachusetts, as in other states, there are specific steps you must follow to legally access and resolve the bank account of a deceased relative. Here’s a general guide to help you understand the process, but remember, it’s always best to consult with a legal professional for advice tailored to your specific situation.

Understanding the Probate Process

Probate is the legal process through which a deceased person’s assets are distributed under court supervision. Since your mother did not leave a will, her estate will be considered “intestate,” and Massachusetts intestacy laws will determine how her assets are distributed.

Key steps in the probate process include:

1. File a Petition for Administration: You’ll need to file a petition with the Probate and Family Court in the county where your mother lived. This petition asks the court to appoint an administrator (also known as a personal representative) for the estate.
2. Appointment of an Administrator: If you wish to be the administrator, you must indicate this in your petition. The court will then decide who to appoint, giving preference to the next of kin.
3. Inventory and Appraisal: Once appointed, the administrator must inventory the deceased’s assets and, if necessary, have them appraised.
4. Pay Debts and Taxes: The administrator is responsible for paying the estate’s debts and taxes from the estate’s assets.
5. Distribute Remaining Assets: After debts and taxes are paid, the remaining assets are distributed to the heirs according to Massachusetts intestacy laws.

Accessing the Bank Account

To access your mother’s bank account, you’ll need to provide the bank with certain documents, which may include:

• A certified copy of the death certificate
• Letters of Administration (issued by the court)
• An official form of identification (e.g., driver’s license)

The Letters of Administration are crucial; they prove your legal authority to access the account. The bank may also require you to complete their own forms.

Small Estates: An Alternative Route

Massachusetts law provides a simplified process for small estates, which might not require formal probate. If your mother’s estate qualifies as a “small estate” (generally, estates with a total value below a certain threshold), you may be able to use a voluntary administration procedure. This process is quicker and less complex than full probate.

For more information on the voluntary administration procedure, visit the Massachusetts Court System’s official guide.

Seeking Legal Assistance

Navigating the probate process and accessing a deceased relative’s bank account can be complex, especially without a will. It’s highly recommended to seek advice from a legal professional who specializes in estate law. They can provide guidance tailored to your situation, help you understand your rights and responsibilities, and ensure that you comply with all legal requirements.

Remember, every situation is unique, and the information provided here is a general guide. Consulting with a legal professional can help you navigate the specific details of your case.

Important: This information is intended for general informational purposes and does not constitute legal advice. Laws and procedures may change, and individual circumstances can vary greatly. Always consult with a legal professional for advice on your specific situation.