Death letter of administration

Asked about 1 year ago - Ellenton, FL

I have one that was issued three years ago now the bank will not honor it

Attorney answers (4)

  1. Dana Laganella Gerling

    Pro

    Contributor Level 11

    7

    Lawyers agree

    1

    Answered . Letters of Administration will need to be certified within sixty days for a bank to honor the document. You also would still need to be actively serving as Personal Representative and not have been discharged through the Court. You can request updated certified documents from your Attorney or the clerk of court.

  2. Eileen D. Jacobs

    Contributor Level 14

    5

    Lawyers agree

    Answered . In order for the bank to honor Letters of Administration, there must be an active probate. In addition, banks generally request a copy of the Letters that has been certified in the last 90 days. Your question does not specify what you were trying to accomplish, but you should either re-contact the attorney that assisted you in obtaining the Letters or you should consult with an experienced probate attorney.

    Eileen D. Jacobs, Esq.
    Office: 2505 W. Virginia Avenue
    Tampa, FL 33607
    (813) 877-9600
    Mailing: P.O. Box 14953
    Clearwater, Florida 33766-4953
    (727) 787-6595

  3. Steven D. Beres

    Contributor Level 8

    3

    Lawyers agree

    Answered . It is a matter of each financial institution's internal practice and procedures, but as the other attorneys answering this question have indicated it is common for a bank or other financial institution to reject letters of administration which have a certification which is more than 60 to 90 days old.

    The reason they require relatively "freshly" certified letters of administration is that the institution wants to be fairly confident that the estate is still pending and that the personal representative still has legal authority to act on behalf of the estate before funds are released. For instance, if the estate has already been closed you have no further authority to act on behalf of the estate, even though you may still be holding a previously certified copy of your letters of administration. If the estate was closed and this particular account was missed it will be necessary to reopen the estate in order to get new letters of administration issued so that you can close the account.

    You should contact the attorney who assisted with the probate for help with this issue.

  4. Thomas J Upchurch

    Contributor Level 6

    2

    Lawyers agree

    Answered . Did you just locate this bank account? The Letters of Administration are expired. A Personal Representative must be represented by an attorney. To proceed, contact the attorney who handled the estate to assist you.

    This response only reflects my personal views in my individual capacity. It does not necessarily represent the... more

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