That in itself is enough reason to stop doing business with that bank. There are several ways to keep these accounts out of probate. Some states allow a minor to open a bank account jointly with a parent or legal guardian. You can close the account and transfer the funds to the estate bank account. Avoiding Probate with Bank Accounts. These accounts differ from custodial accounts in that both owners have equal access to the account and everything in it. The clerk in the bank is totally without authority not to recognize the conservator's Letter of Authority. Your assets may include a checking account, savings account, money market account, or certificate of deposit held at a bank. Their names and ours. The agent needs a copy of the document along with proper identification, preferably government issued, such as a passport or driver's license. Trust accounts typically name the trust owner as trustee, but also name a successor trustee. There are certain types of bank accounts that you do not need wills or probate courts to close when the original owner dies. You can set up a trust and transfer the monies from the custodial account into the trust. Prior to allowing the agent access to your bank account, the bank must confirm that the identity of the person seeking access is the same as the agent granted authority by the power of attorney. So the adult on the account can withdrawl, and so can any legal guardian that can show proof of such. We sat up accounts for our children and my step child. Joint accounts can receive up to $500,000 in protection; however, that amount will revert to the $250,000 in protection applicable to individual accounts if one of the joint account holders dies. How To Close Bank Accounts Of The Deceased Without Probate. Power of Attorney Power of attorney is a legal document that grants a person (called an agent or an attorney-in-fact) the authority to act on behalf of the principal (the person designating the authority). When the trust owner dies, the successor trustee takes control of the accounts and acts as executor. Existing bank accounts in the ward’s name should be closed and the funds deposited in a new FDIC-insured account, opened in your name as guardian but using the ward’s Social Security number. I actually ran into this with a step child. Depending on how it is drafted, a power of attorney can allow a person to close bank accounts. This includes redirecting automatic deposits and drafts to and from the guardianship account. If the estate is small enough, under state law, to qualify for "small estate" procedures instead of regular probate , you may be able to claim the property with a simple affidavit, in which you … You should get copies of the signature cards for those old accounts, at the time you close them. The guardian must identify and transfer money in the incompetent adult’s bank accounts to a separate guardianship account. Guardians frequently run afoul of this requirement with regard to joint bank accounts. Moreover, both owners have the right to withdraw 100 percent of the money in the account without the co-owner’s knowledge or consent. As he is a minor, he can not hold an account alone. It would be considered a contract as you have to agree to the banks terms. The successor trustee does not have to close the account and can continue to transact on behalf of the trust. 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