Expert Advice When You Need It Most

Under NY probate laws what will happen to a deceased persons bank account that died without a Will

Asked over 3 years ago - New York, NY

bank checking account in New York , my aunt had a checking account which i had poa on when she was alive. she died without leaving a will . what happens to this account ,which only has her name on it. how do i get the money , p.s she had no children and was not married.she only had me

Flag

Save

Share with:

Attorney answers (2)

Mona R Conway

Reputation Level 10

Answered over 3 years ago. Business Attorney in Huntington Station, NY.

Flag

Your aunt died intestate and so, the NY rules of intestacy apply. Her estate assets pass to her family members under these rules. If you are the next of kin, her assets go to you. However, you first must check with the bank regarding the account you mentioned. Find out if there was a designated beneficiary or trustee on the account. If you are joint owner of the account, you may access it. You get the money by contacting the bank and asking what they require in terms of proof that you are the beneficiary. They'll certainly want a copy of the death certificate. They may also want letters of administration from a NY Surrogate's Court. Contact an attorney or find out online (if available) what is required to petition for letters for administration with your local surrogate's court.

Mark as good answer

2 people marked this answer as good

Add comment

Susan Pernick

Reputation Level 14

Answered about 3 years ago. Divorce / Separation Lawyer in Glen Head, NY.

Flag

Ms. Conway's answer is correct. However, you should also know that depending on the size of the account, you may be able to do a simplified administration proceeding if the account is small enough. It is a lot simpler, cheaper, and faster. Check with the Surrogate's Court if you are not named on the accoount.

Mark as good answer

Add comment