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When my mother was living, she a noterized paper making me the executor. Which to me means that after she dies I pay can access her monty to pay her bills (funeral, taxes, bequests from her will, etc) from her account. But the Bank manager says since I am an executor, that there must be an estate checking account to pay the bills from. When I said "OK make an estate account for my mother". I was told no, and I should talk to a lawyer. I am trying to stay out of probate. Most of her money is in a savings account that has beneficiers on it (her 4 kids). I left a certain amount in the checking account for post-death expenses. Is the bank manager wrong?

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I have found out that there is a affidavit under PA law, that is a streamlined form of probat. The amount has to under 10,000 and no property and the person has to have died two months ago. Given the way I was blindsided, I am going to talk to a PA lawyer abut it because she was a Florida resident but died in Ohio, buried in Pennslyvania. The only property is one grave area. My husband tells me that is not "property". But I will need my other siblings to sign something saying I can do this. I think they will, they are just happy they don't have to do this. I am so stressed out.
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won't = want in the sentence above. Brain error. I'm sure you've figured that out already.
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I have to add that it sounds daunting with the terms like "letters testimentary" and EIN's, but it is really very simple. It would even be simpler if the lawyer who drew up the will takes it to be probated and brings you the letters testimentary. Most banks will won't an EIN (employee identification number) before setting up an estate account, so you can apply online for one in the name of "Estate of the person." If the account does not draw interest or make money, you will not need to file a tax return under the EIN. People may tell you that you do, but the IRS writes that if the EIN did not make any money, than no tax return is required.
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No, the bank manager is right if your name is not on the account. The account will have to go through normal probate procedures. It is a simple thing. First you take the will in to be probated. As executor you will receive the letters testimentary. Then you get an EIN online (similar to social security number) and transfer any holdings into an estate account. This account can be used to receive money that is due to your mother and payments that have to be made. This is very handy for monies to be pulled together. Typically probate lasts about 6 months. During that time creditors can put in claims on the account and be paid. This is standard procedure.

When money is involved, the only way around probate would be having a joint account. It is too late for that, so you'll need to go through probate to free the money.
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