This form is a sample letter in Word format covering the subject matter of the title of the form.
Letter For Closing Bank Account After Death Without A Will In Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-0034LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.
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.
If there's no will or no executor named in the will: If there is no will or the person who should handle the estate is not named in the will, a relative or legal representative must request permission from the probate court to close the account.
Procedure — An affidavit of heirship is prepared that details the decedent's heirship facts and the assets of the estate. The affidavit is then signed before a notary public by two disinterested witnesses. The affidavit is then filed in the real property records on file with the county clerk's office.
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.
The answer may surprise you: in Texas, bank accounts do not go through probate.
Often this requires providing evidence such as birth certificates or marriage documents. What's more, you may need to provide proof that no will exists, which could take quite some time if all family members cannot be located quickly or if relatives disagree over who should apply for the letters.
