Legal Question in Wills and Trusts in Michigan

Letter of Authority

I have recently heard of something called a ''letter of authority'' and would like to know in detail, what this is. A family member's wife passed away two years ago. Following her death, he went about closing down her accounts. She had a personal bank account in which she did not name a beneficiary. The amount in the account is minimal - $300 but when he went to close the account and retrieve the monies, he was told that he needed ''a letter of authority'' in order to do so. What is this and why would he need something like this if he was married to the account holder at the time of her death? Thank you for your time.


Asked on 4/11/04, 5:25 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Letter of Authority

Letters of Authority is the document that is issued by the probate court in the county where she died that says that the husband has authority to close the accounts. If he has a paid funeral bill that indicates that he paid for the funeral, all he has to do is fill out a form and the court will issue an order giving him all the assets up to about $5,000 or so. Just because someone is married to anther does not mean that the spouse would be authorized to be the personal representative (thereby getting the letters of authority). For example, the decedent could have had a will that specifically excludes a spouse from being the personal reperesentativie. Bill Stern 248-353-9400.

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Answered on 4/11/04, 8:12 pm


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