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If there is no Will, an Intestate Administration proceeding is filed. The court will then appoint an Administrator and he or she will have all of the powers of an Executor.
If you're looking for a simple way to get a deceased person's property and you qualify to use a small estate affidavit, you should use it. The process is quick and relatively painless. For example, using a small estate affidavit for a bank account can be as simple as filling out a form and giving it to the bank.
Once you've been appointed executor or personal representative by the probate court, you'll probably want to open a bank account in the name of the estate. Usually, an account for an estate is registered in this or a similar way: "Estate of Gerald S. Smith, Deceased, Pamela S. Smith, executor."
Any bank can handle an estate account. It isn't exactly rocket science, the main difference being the signer on the account was court-approved. Pick your favorite bank and go there.
To open an estate bank account, the fiduciary will need the EIN, certified letters testamentary (or letters of administration), and a certified copy of the death certificate. Some bank institutions will accept a regular copy of the death certificate.
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