Deceased Person's Bank Account

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Andy1953

Active Member
4 June 2020
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My mother died two weeks ago.
My sister and I are co-executors of her will.
We have instructed the solicitor who drew up my mother's will to apply for probate on our behalf.

I'm sure this solicitor will do a good job, but there is a procedural matter that she has recommended that I find unnecessarily officious.

My mother owned shares in several companies and a bank account into which the dividends from those shares are credited.
My mother has bequeathed the shares to my sister and myself.
Our solicitor recommends that we contact the share registries involved in order to redirect the dividends into the solicitor's trust account (because it is already set up) and close the bank account ASAP.
The bank does not yet know that my mother has died.
The bank account continues to be debited by the retirement village in which my mother previously lived, until such time as their marketing division finds a new tenant for her unit.
It would be really tedious to contact all those share registries, identify myself, and ask them mto change the bank account for the dividends to be paid into, knowing that after probate has been granted we need to repeat the process to redirect the dividends to the beneficiaries.
What I would like to know is whether there is any rule or legislation that requires executors to prevent companies from crediting the bank account of a deceased person before probate has been granted.
Or is it perfectly kosher to allow dividends, interest and other miscellaneous credits to accrue until they can be distributed according to the will?
We have no intention of debiting the account (except to pay the solicitor and the funeral director).
Hoping someone has a quick answer.
 

Rob Legat - SBPL

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16 February 2017
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To answer your question, not that I know of. I’m thinking your solicitor wants to ensure that the funds don’t get deposited to the bank account and then eaten up in deductions by the retirement village (for example). These may ultimately have to be paid, but a ‘bird in the hand...’ as they say.
 
I agree with Rob's view.

As the named executors, you are entitled to administer the estate pursuant to the terms of the Will and in the best interests of the beneficiaries. Having said that, you may find that the shares are managed by only a couple of share registries. Depending in which State you are in, Probate may be granted relatively quickly say within a couple of weeks of the application being filed. If the bank is notified of your mother's death, they usually freeze the bank account in any case.
 

Andy1953

Active Member
4 June 2020
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31
Or is it perfectly kosher to allow dividends, interest and other miscellaneous credits to accrue until they can be distributed according to the will?
We have no intention of debiting the account (except to pay the solicitor and the funeral director).
Thanks for your opinion, Rob. The bank account has sufficient funds to meet our obligation to the retirement village. I get the feeling our solicitor is coming from a position of procedural correctness, ie, "executors are required by law to close the bank account of the deceased immediately after death".
 

Andy1953

Active Member
4 June 2020
5
0
31
Thanks for your opinion, Suzi.
Now I have 2 votes for keeping the account open, and 1 to close it.
We're in SA. Our solicitor says allow 4 weeks fro probate after application.
If the bank freezes the account, do they still allow deposits, or do they reject both debits and credits?
 

Rob Legat - SBPL

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They should allow deposits and freeze withdrawals. As an exception, many (all?) will allow a release of funds for a funeral, where necessary.

I would suggest it is too early to close the account. All banks I know of have procedures for this, and the circumstances under which they will deal with the deceased's account. This includes a 'trigger limit' in which they will require probate before they will take instructions from the estate. Under the limit, the death certificate, certified copy of the will, and executor's sufficient identification usually is enough.
 

Andy1953

Active Member
4 June 2020
5
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31
Exactly the answer I was hoping for, Rob.
May the wind be always behind you, the sun warm on your face, and your desires easily fulfilled.
 
Most banks usually release sufficient funds to cover the probate application fee. Some for a letter from the solicitor acting for the executor before doing so. Speak to your solicitor and the bank about this too.