Must I open an estate for a deceased when the existing bank account only has $5014.00 and his funeral expenses are $7900.00.

The bank cannot do that, but you could file for small estate administration, if it's worth it to you. That will give you authority to put the account in your name and withdraw the funds.

Even if the bank *could* do this, they would not. They are concerned about their liability. If they release an account to someone, they do not want anyone else coming back and claiming that it belonged to someone else. So they insist on following proper procedure, which in your case, is likely some form of small estate proceeding. James Frederick

The bank doesn't have the authority to pay out a deceased depositor's funds for a funeral bill if the account is over $3500. By raising an estate, someone (the executor or administrator) will be given the authority to take care of the deceased's assets and bills. The bank will want to see a "short certificate," the certificate given to the personal representative of the estate, before doing anything with that money. If the account had $3500 or less in it, there is a statute that allows for the bank to pay it without requiring an estate to be opened.