Legal Question in Wills and Trusts in New York

Re: Bank account

If the bank is going to give you the proceeds of the account if you follow their proceedure, then the easist thing to do is go along with what they want.

If not, there is a simplified procedure for small estates. If the value of Dad's account is less than $15,000, you may not have to go to Surrogate's Court at all. You can simply have your attorney fill out a Small Estates Affidavit, reciting that you are the nearest living relative, that no Estate has been opened, and that you are the proper person to receive the funds. Then mail that with a copy of the death certificate to the bank, and they will send you the money.

Re: Bank account

If the signature card only permitted you to be an additional signature on the account, and did not act to create the accounts as joint accounts with you (essentially making you a co-owner), their authority ended with your father's death. Check NY law if they allow you to withdraw the funds as heir and next of kin, without probate or administration. If you are the closest next of kin (no spouse or siblings) you can qualify as administrator and close the accounts in this capacity. Simple Surrogate's Court, small estate proceeding.