Can the Bank Reject Probate?
- If you're the deceased's executor, her banker can refuse to do business with you until you present copies of letters testamentary proving your authority. The probate judge will usually issue the letters once he confirms that the deceased named you as executor, though you may also have to post a bond. As executor, you assume responsibility for handling the deceased's affairs, including distributing her assets to her creditors and her heirs. Once the banker sees a certified copy of the letter, she should accept your standing to handle the deceased's accounts.
- Just because the deceased wrote a will doesn't mean his written wishes will be honored. If there's proof he wrote the will based on fraud, error or undue influence by one of the beneficiaries, that could be grounds for setting the will aside. Only individuals with standing can contest a will, however; that usually means either one of the named heirs or someone who believes she should have been named in the will but wasn't. It's unlikely a bank would have standing to contest a will.
- If one of the heirs disagrees with a probate court decision, it's possible to appeal to a higher court. Someone who believes you're unfit to be executor, for instance, could challenge the letters testamentary and appeal if she loses. In order to appeal, the issue must be one that was raised during the probate hearing, and only one of the people involved in the decision, can make the appeal. Here, too, it's unlikely a bank will be able to do that.
- Banks can't reject probate, but specific bank policies may obstruct it. If the deceased kept his will in a safety deposit box, for instance, the banks may not allow anyone else to open it but his executor -- and you need a copy of the will to be appointed as executor. Individuals should prepare for such problems by placing another name on the safety deposit box or confirming the bank will allow the family access.