My grandfather passed away and left my 2 sons money in a bank account. In order for me to access these funds as there mother the bank is stating I need a Letter of Office. The amount is under 50,000.
1 Answer from Attorneys
My condolences for your loss. The bank may or may not be right. Letters of office are obtained by opening a probate matter in the probate court. This may be unnecessary if the total assets subject to probate for his estate are worth less than $100,000 and do not include real estate. Under such a scenario a small estate affidavit can be used. However, I caution that it is best to speak with an attorney before treading this path, as the affiant may be taking on some personal liability.