Mark asked:
My father passed away 2 weeks ago. I’m trying to cancel his utilities, bills, subscriptions, credit cards,etc. I was already on his checking account but not his savings account. To transfer his car title and access his savings account the service rep at the bank said I needed the court to ‘validate’ the will. I already had it notarized but apparently there’s some form she needs from the court to release his savings account (and to allow me to transfer title of his car).
My father passed away 2 weeks ago. I’m trying to cancel his utilities, bills, subscriptions, credit cards,etc. I was already on his checking account but not his savings account. To transfer his car title and access his savings account the service rep at the bank said I needed the court to ‘validate’ the will. I already had it notarized but apparently there’s some form she needs from the court to release his savings account (and to allow me to transfer title of his car).
What’s the name of the legal form to do this?
State: Oregon
County: Clackamas
Thanks
Sharon
#1 by LovesTheConstitution on April 4, 2010 - 3:41 am
Marian
I am sorry for your loss.
You need to consult an attorney familiar with probate law in Oregon. If you do not have an attorney, use the state bar’s lawyer referral service. Visit .
Banks and other institutions are prohibited from taking action on accounts without authorization. If the depositor is no longer available, either through death or incapacity, an executor is approved by the court to take action regarding the assets of the estate.
Your lawyer will explain it all to you.
#2 by src50 on April 6, 2010 - 10:22 am
Marcia
You need to file the will with the probate court and be officially recognized as executor of the estate first. Then you are authorized to act on the estate’s behalf. Definitely consult an estate attorney.
#3 by curtisports2 on April 8, 2010 - 10:53 pm
Charlie
You must apply to the court (In New York, it’s Surrogate Court) to be appointed executor (or administrator, in some cases), and that appointment must be approved before you can legally act. The appointment is known as ‘Letters Testamentary’. You will receive official documents that give you the legal power to perform your duties as executor.