When someone dies, their bank accounts, investments, and property don't automatically pass to their family. Before anyone can access those assets, close accounts, or distribute funds, they need legal authority, meaning formal, legally recognized power to act on behalf of the estate.

Think of it like the keys to a locked house. Being related to the owner doesn't let you walk in. You need the keys the law recognizes.

This is not true, and it's the single most common misunderstanding in estate settlement. Being a spouse, child, parent, or sibling does not by itself give you power to handle someone's estate.

Consider someone whose father has died. She's his only child. She has his passwords, access to his house, his mail, and a copy of his will. She still cannot close his bank accounts, sell his property, transfer his investments, or access his retirement accounts, because she hasn't yet obtained any document granting her that power. Banks will decline to work with her until she does.

Letters testamentary. If there's a will naming you as executor, you petition the court to be officially appointed. The court then issues letters testamentary, which prove your authority.

Letters of administration. If there's no will, or the will names no executor, someone petitions to be appointed administrator and the court issues letters of administration.

Either way, you file paperwork with the probate court, possibly attend a hearing, and wait for the court to issue the letters. Only then do you have authority.

Most states allow a simplified procedure for smaller estates. You complete a sworn affidavit stating that you meet the requirements, which typically include an estate value under a threshold, the right relationship to the deceased, and a waiting period since the death.

In most states no court involvement is required. The statute itself grants the authority once the affidavit is properly completed, usually with notarization.

If assets are held in a trust, the successor trustee named in the trust document has authority over those assets. You'll usually need to provide institutions with a certification of trust.

Some assets pass directly to a named beneficiary, including life insurance, retirement accounts with beneficiary forms, and payable-on-death accounts. If you're the named beneficiary, you can claim that specific asset with a death certificate and proof of identity. It gives you no authority over anything else.

None of these give you the right to act:

Financial institutions face real liability if they release funds to the wrong person. They need proof that you have the legal right to access the account, the power to make binding decisions for the estate, and that paying you won't expose them to a claim from someone else.

What they accept: court documents with a seal or clerk's stamp, properly completed and notarized small estate affidavits, trust documents with a trustee certification, and death certificates paired with beneficiary designation forms.

What they won't: your word, a copy of a will with no court appointment, a letter from the family, or an informal arrangement among relatives.

The answer depends on whether there's a will, the value of the probate estate, whether assets are in a trust, and which state's law applies. Sunset assesses this for you once your search results are in, since the total is what determines the path.

Each institution will want an original or certified copy of your authority document, and many keep it. Order several at once.

Not yet. Being named in a will gives you no authority until the court appoints you and issues letters testamentary. You have to petition for probate first.

Not for those. Joint accounts with right of survivorship typically pass directly to the surviving owner. You will need authority to close accounts that were in your spouse's name alone.

Provide the affidavit with a death certificate. If they push back, ask them to route it to their estate or legal department, which will be familiar with small estate procedures. If it stays stuck, tell us and we'll handle the escalation.

No. Institutions won't release funds or close accounts without it, and accessing accounts you have no right to could be treated as fraud.

No. Every power of attorney terminates at death, without exception. You'll need estate authority through one of the routes above.

Sunset determines which authority document fits your situation, explains your state's requirements, and prepares the paperwork. Sunset is not a law firm and does not give legal advice, so if your situation is contested or unusual, talk to an attorney.

Chat with us in the app, call (385) 707-0082, or email [email protected]. We reply to email within one business day.