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WA Executor of Will - Is Probate Required to Distribute Funds?

Discussion in 'Wills and Estate Planning Law Forum' started by TMJ, 29 June 2016.

  1. TMJ

    TMJ Member

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    I am my mother's power of attorney, guardian and executor of will. There is no property or assets involved only a bank account which I have full and total access to. On the event of Mum's death, is probate required for me to distribute the funds in the account, as Mum has requested (in a formal legally drawn up will) or am I able to go ahead and pay the funeral bills, give the money to the beneficiaries (siblings, grandchildren, etc.) and close the account?

    Thank you.
     
  2. Tim W

    Tim W Lawyer

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    Yes.
    Your Power of Attorney and Enduring Guardian will expire upon her death.

    You may find this thread helpful.
     
  3. Sophea

    Sophea Well-Known Member

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    Hi TMJ,

    Even if there is just a bank account left in will, you sometimes need probate in order for the bank to release the funds to you. How do you have access to the account? Is it because you have your mother's pin and info or are you a signatory on the account? To make sure it is all above board you can simply go to the bank and ask them whether they will require probate to release the funds to you. If they don't you can go ahead and pay expenses, pay beneficiaries and close the account.

    While there may be no risk of claims against her estate, usually executors wait 6 months to distribute funds, so that they will not be liable if a claim were made against the estate.
     

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