My husband died and left a bank account with money in it how do I close the account?

These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us. You need 2 affidavits of heirship which declares your husband’s death, names his spouses and children, names the witness’ relationship to your husband, and the assets of the estate. Once the originals are signed and notarized, file them with the county clerk property records. These then need to be given to the bank. This is just a rough outline. You need an attorney to draft a proper document.

The contents of this answer is for educational purposes only and does not constitute an attorney-client relationship. Typically most bank accounts are Joint Tenant with Right of Survivorship which means you should automatically have access to the money. If you were supposed to have it that way, and the bank did not set it up correctly, then I would have a serious discussion with the bank. Othewise, in my experience most banks in Texas will not allow Affidavits of Heirship to release funds. Most will require some form of court order. If that is the case, you can try for a muniment of title or small estate affidavit way. You'll need your attorney to speak with the bank's death settlement department to be sure about which methods they'll accept. If you should need any further advice, or more specfics as it relates to your case, you will need to hire a Texas attorney of your choice who practices in this area. Good Luck! Robert

That depends on the laws of your state. The laws on probate–the procedures you have to go through to transfer property belonging to a decedent to his or her heirs or Beneficiaries–are different in every state. Many states have summary procedures for what they consider “small estates”, but the concept of what is small ranges from an estate worth $5,000 to one worth $100,000. So, you need to find out if your state has a summary procedure and if your relative’s estate qualifies. For example, in Michigan, the court will ask for the death certificate and a paid funeral receipt to accompany the Petition & Order for Assignment for opening a small estate. Once it is filed, an order turning the assets over to the surviving spouse is issued. Summary probate procedures are usually less complicated, so they are faster and less costly than more formal procedures. The summary procedures usually mean less rigorous reporting to the probate court, and in some states, the probate court does not supervise the probate of a small estate at all after the initial filing. This is often a good thing, because it allows people to process small estates quickly and cheaply. It can be a disadvantage in some circumstances, though, if complications arise. For example, if creditors make claims against the estate that might not be valid, it might be better to go through a regular probate process and take advantage of the court’s supervision. If there is any doubt, get advice from a probate attorney in your state before deciding which procedure to use.