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Estate details
My mother passed and on 2 of her bank accounts she has no beneficiary.
I am the executorbof her will and estate. Can I legally withdraw the money from her
accounts and distribute the money according to her will, or does this need to go
through probate?
Asked on January 30, 2019 under Estate Planning, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, not without probating her will. A will must be probated to have effect, and you have to be confirmed as executor by the court. Furthermore, since a persons accounts freeze when she passes away, you will probably need to open up an "estate account" and move the money into it before you can do anything else, anyway; the bank can explain what to do.
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