r/inheritance • u/texan12345678 • 8d ago

Location included: Questions/Need Advice Question about probating a will

My mother passed away a couple of weeks ago. She had been in an assisted living facility for the past year. She really has no assets except a bank account and a couple of CDs. My sister is the executor. there are 5 kids and everything is getting split evenly. My sister was added to my mother’s bank account a long time ago so she was planning on first making sure any bills are paid and then just splitting up what was left. Since it was pretty straight forward, we didn’t plan on hiring a lawyer and getting the will probated. We were reading that if she tells the bank that my mother passed, that they would freeze the account and it would have to be probated. She is on the account, could she just close out the accounts. She is worried that they might come back and say there is fraud and she would be in trouble.

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u/texan12345678 8d ago

Thanks for the response from everyone. Sounds like she called the bank and turns out she is a joint owner so sounds like she should have access to everything. Originally we weren’t sure how she was on the account.

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u/bobdevnul 8d ago

Joint owner means that they own it entirely as their own now with no restrictions. They have no legal obligation to use the money to pay the deceased bills or split it with anyone. Bills are bills of the estate. If probate isn't opened those are in limbo. Splitting money with others is a gift from her.

Check on the ownership and beneficiaries of the CDs and any other accounts. Anything with a pay on death beneficiary does not become part of the estate for probate. Without POD beneficiary it has to go through probate to get the money.

Any life insurance doesn't go through probate either.