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UK-Justice
UK-Justice, Barrister
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Experience:  Called to the Bar in 2007
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As an executor we need a bank account for a deceased persons

Customer Question

As an executor we need a bank account for a deceased person's estate.

However, we do not seem to be able to get a bank account, without probate.

We are in receipt of cheques for the deceased, and these need to be banked.

Overpayments need to be repaid. etc.

As part of the probate application process, a bank account seems essential.

Solicitors acting as executors, perhaps have a way round this difficulty?

Thank you

Robert
Submitted: 2 years ago.
Category: UK Law
Expert:  UK-Justice replied 2 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

Do they not already have any bank account?
Customer: replied 2 years ago.

Thank you - the executor has a personal bank account in his own name.


 


Cheques from say life policies are made payable to the estate of the deceased, and cannot normally be banked in the executor's personal bank account.


 


Regards


 


Robert

Expert:  UK-Justice replied 2 years ago.
Does the deceased have a bank account?
Customer: replied 2 years ago.

The deceased had a bank account.


 


However, on death bank accounts must be closed.

Expert:  UK-Justice replied 2 years ago.
Are the accounts now closed?

If so how did you get the money out?
Customer: replied 2 years ago.
The accounts are closed, and typically the money sits in the accounts
Expert:  UK-Justice replied 2 years ago.
In that case you need to hold onto the cheques and get provate.

Once you have probate you can deposit the cheques and withdraw the money,

Normally a bank would allow deposits where someone has died but not withdraws.

This is because the bank can not close the account without probate being granted.

So check with the bank. I suspect you can not take money out, only deposit it.

If that does not work then you need to hold onto the payments and get probate.

Once the probate has been granted you can operate the account.


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UK-Justice
UK-Justice
Solicitor
16193 Satisfied Customers
Called to the Bar in 2007