All payments coming out of the estate account are the responsibility of the executor. It's never speedy at the best of times, but it will be longer if there is confusion over who is supplying what papers.Lynne, Hi Lynne,My Step daughter has an estate check for her and my son. Please advise, No, you don't have to wait for probate. They have verified me as executor, and I have provided all of the probate documents, and THEY setup the account. They have no say over what an executor does with an estate account. The 2nd was sent in September from a different lawyer and got "lost in the mail", it never occurred to me with the pandemic and my work to ask to pick it up, I also didn't clue in that she had changed lawyers for the 3rd time without telling me. Meanwhile my brother received it but I did not. This bit about the banks not allowing executors to open an estate account until probate has been granted is relatively new, and only works for the bank. Estate planning, wills and dealing with death Making a will, planning your estate, powers of attorney and what to do following a death. What are the alternatives if a bank will not open an estate bank account without probate? (I'm in BC). Two witnesses, however, signed the will as witnesses and swear that the maker of the will (now deceased) made the will, and somehow no one noticed that the maker did not sign it. Again, square peg. What kind of taxes will estate have to pay and can estate have an RRSP account?? Can you confirm when I take the tax bill to the bank it can be paid from his estate. Her authority to deal with estate assets comes from the will itself, not the probate. Since I am sole beneficiary and will receive the cheques to his estate, how do I set up the estate bank account. Yes, I would expect that you would have to obtain probate to deal with the account, due to the high dollar value. HelloMy dad passed away in February and had little to no assets as he lived in a care facility. Utter incompetence on their part considering they should have informed me of this long ago. Is there a time limit on how long an estate account can stay open? The rest of it does not. I was initially executor and stepped down due to personal reasons. It has been over 2 weeks now, I have not heard from the branch and I have no access to anything online.My question is why am I being denied any access what would be happening to the accounts that I can't access them and what is taking so long? DO any banks allow online access to an estate account? Estate Planning. I think you probably will have to open an estate account.Lynne. Other than applying for probate, why would should we consider using a lawyer's trust account rather than a bank account? I might have to put in a call to a financial advisor I know over there to see what I can find out about this.Lynne. Question we have just received a cheque to the Estate of my Father, so don't know what to do with it. Absolutely unacceptable.You said that "she" sent funds from "her" bank account so I assume that is his wife. Executor & Estate Bank Accounts. Perhaps you should go to another bank.Lynne, Hi Lynne, my husband recently passed. However, to get the balance or the transactions, I have to call in and get whatever information I can. In my view, you are doing exactly what is supposed to happen - even though the accounts are in joint names, you are treating the accounts as assets of the estate. I know this because I spent 7 years at Scotiabank doing whatever I could to help out the front line staff dealing with estates. I paid for the engraving on her headstone (she had a double one as Dad passed away in 2011 and we just needed to add the date of Mom's death). This might be repairing and restoring or it might not. I went into the bank to open an estate account so we can deposit money into that account and pay out accordingly but the bank (CIBC) will not let me open the account until probate is done. You will find forms for transferring a vehicle after the death of the owner. As long as the executors are being reasonable and acting in good faith, they are carrying out their duty.Lynne. Hello Lynne,My mother passed away in February and I am a co-executor along with my brother. Getting a Taxpayer ID Number From the IRS. An estate account makes it easy for the executor to endorse and deposit these payments. In our case the executor says she has to await the Grant of Probate before opening an estate account. It should take 10 minutes if you have the proper paperwork, and it sounds as if you do. I am the executor of my father in laws will. I recently opened an estate account at a bank and they refuse to give me online access. There are debts owed (including this financial institution which is a tenant in one of the properties). I need to know the balance, and I can't get it. the cheque was made payable to the estate. Hi Lynne, I had POA for my mum, who had dementia. Is this really the case? Neither happened. If that gets around, that bank is going to see every cent owned by a deceased person put into estate accounts in other banks that are more reasonable.Lynne. Now the will have been pronated and the bank has all information requested but will not release the money to the estate account because they want to keep it to cover the mortgage (with the same bank). I happen to be a beneficery, as well as my 3 kids. This is certainly not the law, but must be an internal policy of the bank. (The cops have had the 'case' for 6 years)So be warned some banks are willing to release funds prior to the (joint) account holders death,(whether it be weeks, or years) and that the money while insured, is not insured for theft or fraud, so you won't be getting any money back from the bank if they 'made a mistake' even though according to one manager 'it happens all the time'. In particular, the bit about being listed as executor per CRA. With great rewards, interest and unlimited and free transactions and Interac e-Transfers, it rivals and beats all other youth accounts in the country. That is not the law any longer, when we are talking about inter-generational accounts. Do I have a case? Lynne. I have survivorship of this account. The estate accounts usually contain the amount of compensation claimed by the executor. No. Does the executor pay out of pocket?I would really appreciate your help. Plug in values from the estate account into the appropriate schedule under the correct category. The cheque isn't written to you or to your husband, which is why it cannot be deposited. Our lawyer said there was no need to probate as the will clearly spells out who the beneficiary is and there is only the savings account which would be used to pay expenses and the rest to the beneficiary. Something like that might make a bank reluctant to accept the will without the backing of the court. Thanks again! My father passed away. The bank has frozen any access to these accounts until a declaration form is received at the branch for me too sign. It's just an expense and a bother if it's not needed. In fact, it's standard. My brother lives two provinces away. If you are not applying for probate for any other reason, I don't see why you would apply for it because of a small cheque. Every time I get another unsatisfactory response causes more stress at an already difficult time. Canadian Western Bank (CWB) is the only full-service bank in Canada with a strategic focus to meet the unique financial needs of businesses and their owners. Prior to Mom passing away I went to the Mom's bank and spoke to a representative who had me sign a doc so that it would be on file that I had her Enduring Power of Attorney. If Empire Life insists on issuing a cheque to the estate, are they at all obliged to reimburse me for the probate fees I will have to pay on the money (300K) because they made a mistake in allowing the account to be set up that way? Don't let them dictate what is appropriate for you to do, when you are the only one who bears responsibility for the funds.Lynne. Hello My 24 year old son passed away oct 28 i found his gst cheque dated oct 5 that he signed is it ok to cash it or wat do i do ? . Will i need a letter of administration to open an estate account or will my bank let me sign a letter of indemnity? The client is now deceased and her power of attorney signed the cheque although I do not believe it was a joint account as only the deceased name is on the cheque. The bank ended up selling the investments March 26, 27 and April 7 which ended in a $90 000 loss. Can I simply deposit the cheque to her bank account and withdraw it? I would much rather deal with my Bank. The new mortgage require the pre-auth form to be from an account with my name as the administrator to my sister's estate. I went to another bank and they also said no. Keep the concept of the executor's year in mind. My bank, BMO, charges nothing for an estate account. In my experience, none of the banks are very good at handling estates. I am the executor of my mom's estate. The bank will simply remove the parent's name from the account upon receiving proof of death, leaving the surviving account holder with full access to and legal ownership of the account. When the court appointed me as the administrator, her bank account changed from Jane Doe to Estate of Jane Doe. Their job is to hand over the account once probate has been granted. I just received a cheque refund (a small sum of less $100) issued to her estate. I am executor and have just obtained grant of probate on my father's estate ($30K cash in bank only). You have the will, so you can show your appointment as executor.Lynne. He had all the necessary documents but I guess in their mind the estate was not worth their time. Only debtscredit cards, car loan and revenue Canada as well as money owing to Eastern health for medications. My mom's name was on the deed of the house at one time but then at some point her name was removed as she was purchasing another house for investment purposes. It depends on the situation. The only thing going to probate is her house which was only in her name. No, an executor absolutely should not deposit money into his personal account. Ask them to pay the bill from his chequing account. They told me I would be able to get a bank card and on-line access and cheques once I had provided them with a CAET. You may be named in a will as someone's estate representative. I only want 50%. You're right, that is the hold-up. He died in Quebec, and the Public Curator there has handled all the paperwork. Our property is the same size. When they are one and the same person, the executor must only use the estate funds to pay estate costs and debts. National Bank Trust is a subsidiary of National Bank of Canada. If you are the executor, it's up to you to decide whether you want to take the personal risk of releasing money. I am the sole executrix named in his will. My sister and I are both trustees for my mothers estate account. I have generated expense report for the Estate, would that be sufficient for the bank to issue me payment?Thank you, You can repay yourself reasonable expenses without any prior approval from anyone. All of our accounts are joint as are any debts ie mortgage and car. to the bank and they should open the account with no problem. I think your bank is making an error. Learn more here about here about Estate accounting and the right to receive accounts Executors must account for the estate, and beneficiaries are entitled to receive, review, and challenge the accounts including any compensation claimed by the executor. Do I have to go open an estate account for,this one cheque. Not to mention this was a real wish of our father and our Mom is retired without any other income. I think I have been reasonable, but am now also very unsatisfied by the response by the ombudsman's office and told them that when they called yesterday to 'loop back' on my complaint. My husband passed away recently without a will. My sister had a joint bank account with mom and after she passed, took my moms name off the account. i have a will, am the executor, and can open an estate account if necessary. He banked with Scotiabank, and they are telling me that they will not transfer money from his accounts into an estate account with another financial institution. I suggest you read the 2007 Supreme Court of Canada cases called Pecore and Saylor. There will be no other transactions. Does the executor have the right to take the funds to any bank? So, my question is -- where do I go from here? I am executor of the will. is, however I am just doing it myself to save money as everything was straight forward and I am paying all bills as they come in. The mortgage has been paid from my father in laws account since he has passed in October. We need to access funds to pay final funeral expenses, property tax, and more importantly estate taxes so we can begin probate.How we do access the funds? I'm assuming all 3 should be signatories?Marsha, Hi Marsha,The account you need is just a regular chequing account. Again, absolutely unacceptable.The situation needs to be cleaned up, and the quicker the better. She had no idea if I was a TD customer or not. Make sure you have provided everything they asked for. There were no investments just bank accounts in both our names, (my father and mine)so the money could pass seamlessly in the event of his passing. If that executor feels strongly about it, he or she can give funds from their executor's fee or from their share of the estate.Lynne. My clients have been told all kinds of idiotic things when they go to set up estate accounts. My question is how to put this money back into the estate without raising the concerns of the Ministry of Finance. Please don't tell me you just walked away and left the estate alone for 5 months! How many times do I hear that in a week? What's the easiest way to cash it. Is it not sufficient I show it to them?Thanks, I don't know what the HELL is going on with banks these days. Do I have to apply to Alberta Surrogate Court to have the will proven as valid before applying for probate? Can I open an estate account and deposit his cheque into it. Paying out of pocket should be the last resort. Do I have any rights? Lynne. CIBC had no problem setting up an estate account on provision of the will; RBC would not do that without probate. I've looked everywhere about the time to disburse Estate proceeds and the longest I can come up with is 24 months, or so??? If that doesn't work, it would be way cheaper to courier the cheques to you to sign and send back, rather than fly there.Lynne. The problem was resolved in a day after I fired off a couple of nasty emails to RBC's client centre, Trust wing and Ombudsman. An "estate" refers to assets you owned at the time of death. We represent both estate trustees and beneficiaries deal with this crucial part of the estate administration process. Contact the financial institution for more information. I doubt you want the estate you're working on to be that case, so you are acting properly. My sister and I were listed as co-executors and my sister has since renounced her position as executor (legally documented with the lawyer that held my mothers will). Stop letting them tell you things they have no right to decide. If you're currently a joint bank account holder, we can help you decide whether a joint account is the best option for you. Should I see if the back will do so as it did previously as it knows me or just go to set up a estate account?Thank you for your feedback. TD gave him such a hard time. The house had a secured LOC on it and we handed over the keys after telling bank no more payments would be made on LOC. I have yet to close her personal bank account - this is a minimal cheque ($200) and it seems RIDICULOUS to have to go through all of this. That's why they're dragging their feet. My mother died a few months later, after which my brother claimed he had no money. The lawyer suggested it might be more efficient to use the law firm's trust accounts. I certainly hope that the bank will verify by looking at the will, as this is what they are supposed to do. Hi Bob,I would be very surprised if the bank did not allow you to sign a letter of indemnity under the circumstances. Will I need to go to a bank and set up an estate account and can I do this without needing probate? She died in January, but now Empire Life says that they made a mistake in allowing me (as POA) to name myself as a beneficiary and want to make a cheque payable to the estate. Lynne. I want to ask my question to the bank but can I get your consent first? Thanks in advance for your input. This is because a grant of probate is an order of the court that indemnifies everyone who follows it. Estate Administrator: A legal term referring to a person appointed by the court to administer the Estate of a deceased person who died without making a Will. He had power of attorney. 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