This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
If the deceased person was the sole owner of the bank account and named a beneficiary, then the bank can release the funds to the beneficiary without probate. If there is no named beneficiary, then the bank will require probate before releasing any funds.
In Texas, your bank accounts could be subject to probate, or they might bypass the process entirely if you've made the right arrangements. If you've named a beneficiary or set up a Payable-on-Death (POD) account, those funds can often be transferred directly to your heirs without going through probate.
The beneficiary generally does not need to hire a lawyer or file anything in court to access the funds. They should be able to simply present the bank with proof of the death (e.g. a death certificate) as well as proof of their own identity, and the bank should release the funds directly to them.
The answer may surprise you: in Texas, bank accounts do not go through probate.
In Texas, the surviving spouse and children will usually inherit all probate assets. If there are no children or grandchildren, the property may pass to the spouse, parents, siblings, nieces, nephews, and/or other heirs, depending on the situation.
If you are unsure where the decedent banked, you may consider asking the decedent's family members, the executor/administrator of their estate or the trustee of their trust. You also could try visiting banks in the vicinity of where the decedent had resided to ask them about your beneficiary status in person.
You can request copies of bank statements, mortgage documents, and other financial information from the deceased person's bank or financial institution. Often, these institutions will require a death certificate or other proof of death before they will release any information.
You can apply online if you're the executor of the will and: the person who died lived permanently in England or Wales or was planning to return there. you have the original will and the death certificate (or interim death certificate) from the coroner.