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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101435
Experience:  Lawyer
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I am the executor of my mothers small estate, there is a will,

Customer Question

I am the executor of my mothers small estate, there is a will, do I have to probate the will or can I pay the funeral expenses out of her existing bank account.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry to hear of your loss. Are there assets in your mother's name alone aside from her bank account?
Customer: replied 2 years ago.
No there is just her bank account.
Expert:  Debra replied 2 years ago.
It is likely the case that you will not have to probate the Will. But, this is up to the bank. In most cases the bank will not require probate if the amount of money in the account is small. As well, most banks will allow the withdrawal of money to pay for funeral expenses if you can prove that you need the money for funeral expenses. You should bring a copy of your mother's death certificate to the bank and explain that there are no other assets so it does not make sense to apply for probate. If the bank does not agree to allow you to withdraw the money ask the bank if you can sign an indemnification agreement so that you would indemnify the bank if they are later liable because they allowed you to withdraw the money. That almost always works.