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Are bank accounts required to be part of probate?

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crokster

Junior Member
What is the name of your state? Nevada. Do the checking acounts have to be part of probate if there is a will, and no contest of will is expected?
 


I AM ALWAYS LIABLE

Senior Member
crokster said:
What is the name of your state? Nevada. Do the checking acounts have to be part of probate if there is a will, and no contest of will is expected?

My response:

Yes, if the account is ONLY in the name of the deceased person. Otherwise, how would the bank know to whom to give the money? In other words, the bank needs court orders.

IAAL
 

crokster

Junior Member
Thanks for the info..........my mom just passed away and has left everything 50/50 to me and my half sister, she thinks we can just go to the banks and get the cash and finish settling everything on our own...........there was a business and 4 properties involved and I am sure its not as easy as she thinks, with 3 other siblings who I'm pretty sure wont contest the issue, I was pretty sure the bank accounts had to be part of the probate process when it meant a substaintable amount to the estate. Thanks again!
 

Dandy Don

Senior Member
If the will names an executor, the executor needs to submit the will to probate court and will then receive legal authority to claim the bank account money for the estate. If no executor is named, you or your sister can file it or a probate attorney you hire to be administrator can file it. Please advise sister to speak to a probate lawyer if she is thinking about not filing the will--she is making a serious mistake if she thinks she can settle everything without probate.
 

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