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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55596
Experience:  29 years of experience practicing law, including tax and estate planning.
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My father passed away about a year and a half ago. funeral

Customer Question

my father passed away about a year and a half ago. funeral costs have been satisfied. he has a small checking account (around 2,000) which i tried to close but was told my power of attorney expired at his death. This weekend we found a will which makes me the executor. (My mother passed before my dad) Im not sure whether i need this probated or can i close the account out without the will being probated. There is nothing else to process as all properties were out of both parents name long before they passed.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Good morning. My name is ***** ***** I look forward to helping. Can you provide me a bit more information? In what state did your dad reside at the time of his death? Thank you!
Customer: replied 1 year ago.
Customer: replied 1 year ago.
where do i get my answer
Expert:  Richard replied 1 year ago.
Thanks so much for following up. Unfortunately a POA terminates automatically upon death. Upon death, the executor named in the will is then responsible. But, in order for the bank to rely upon the fact that the will is valid and you are officially appointed, a petition generally needs to be filed with the probate court in the county in which your dad resided at his death so that the court can validate the will and issue you official papers evidencing your appointment. BUT, this process can be minimized through a summary administration when the estate is very small, which is the case in your situation. Ohio in this situation allows you to avoid most of the process by filing a small estate affidavit with the court; the court then signs it, and you take that and the death certificate to the bank to access the funds. The rules for this are set forth in Ohio Statute Section 2113.03 which you can find at this link: . The court clerk can provide you the form for the Small Estate Affidavit. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!
Expert:  Richard replied 1 year ago.
I'm sorry for the short took me a few minutes to type the response and get you the exact statute citation. Thanks for your patience.
Expert:  Richard replied 1 year ago.
Just following up to make sure you received my response and didn't have any follow ups. Again, I apologize for the delay.