Legal Question in Wills and Trusts in Pennsylvania

My father passed away and did not have a will. I was his POA, and I know this doesnt matter any longer. He did not own anything and does not have any money besides what he has in his checking account, $685.00, thats it. What do I have to do in order to close this account?


Asked on 9/02/15, 9:46 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Ask the bank what they need so you can close the account.

{John}

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Answered on 9/02/15, 10:00 am

Try also talking to the register of wills at the probate court. There is a process for small estates - see 20 Pa.C.S.A. � 3102, set forth below. Otherwise, you might have to get what is called a short certificate which would mean opening an estate.

Are you the only heir? Even though you were power of attorney was your name by any chance on the bank account? If either applies then the bank may be able to release the funds to you.

20 Pa.C.S.A. � 3102. Settlement of small estates on petition

When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not exceeding $50,000, the orphans' court division of the county wherein the decedent was domiciled at the time of his death, upon petition of any party in interest, in its discretion, with or without appraisement, and with such notice as the court shall direct, and whether or not letters have been issued or a will probated, may direct distribution of the property (including property not paid under section 3101) to the parties entitled thereto. The authority of the court to award distribution of personal property under this section shall not be restricted because of the decedent's ownership of real estate, regardless of its value. The decree of distribution so made shall constitute sufficient authority to all transfer agents, registrars and others dealing with the property of the estate to recognize the persons named therein as entitled to receive the property to be distributed without administration, and shall in all respects have the same effect as a decree of distribution after an accounting by a personal representative. Within one year after such a decree of distribution has been made, any party in interest may file a petition to revoke it because an improper distribution has been ordered. If the court shall find that an improper distribution has been ordered, it shall revoke the decree and shall direct restitution as equity and justice shall require.

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Answered on 9/02/15, 10:44 pm


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