When the account is opened will depend largely on whether you are an executor (i.e. appointed by a valid will) or an administrator (i.e. appointed by the courts in the absence of a valid will). An administrator has no authority whatsoever to take charge of the deceased's money until he or she is appointed by the court. In other words, he or she can't open an account until the court provides them with a document putting them in charge.
If you're an executor, however, you can open the account at any time once you take charge of the estate. Your authority to do this comes from the will, not the probate. The name on the account should make it clear that this is not your personal money and that you are holding it in the name of the estate. If the deceased is John Smith and you, the executor or administrator, are Mary Smith, the account should be called either "The Estate of John Smith" or "Mary Smith, Executor of the Estate of John Smith".
Executors usually don't wait for the court to issue a probate document before opening the account. While the probate application is being processed, you, as executor, will usually apply for the CPP death benefit, collect any outstanding wages, benefits and refunds, and pick up any cash lying around the deceased's home. All of those things and more may be deposited into the estate account before the grant of probate is issued. As time goes on, you will add other assets to the account, such as when you cash in GICs, sell the deceased's home or transfer over the proceeds of the deceased's bank account.
If you receive cheques made out to the deceased person, they don't have to be re-issued to the estate. They can be deposited to the estate account as they are.
Great article. Do you mind if I place your article on my blog and reference your site to it?
ReplyDeleteCheers,
Larosabelle
Hi Larosabelle,
ReplyDeleteThanks! Please go ahead and post it. By the way, I checked out your site and it's really unique and interesting.
Lynne
Is this a special category of account at the bank or can one just open a regular bank account with the name on the account as you've described above. My mother's will has her 3 children as executors. I'm assuming all 3 should be signatories?
ReplyDeleteMarsha
Hi Marsha,
ReplyDeleteThe account you need is just a regular chequing account. Yes, all executors' names must be on it. All decisions of joint executors must be made unanimously, so all three will have to sign all cheques.
Lynne
I attempted to open an estate bank account along with my co-executor and was told I would have to wait until the Court issues the probate letters. Are there restrictions or did I just draw an uninformed bank employee?
ReplyDeleteMy recently deceased mother had create a trust through Wood Gundy for my daughter to help her through university. The trust now holds $75,000. As the executor I am just starting the estate work. Does this trust belong to my daughter, or is it part of the estate, and therefore to be caught up in limbo during the probate? Does my daughter have to pay taxes on this as income for the year? If so, it will pose quite a hardship on her as a student. My mom's estate is about $325,000 cash, which is being managed by Wood Gundy. Please advise.
ReplyDeleteI am the executor to my deceased elder sister's estate. I just received a cheque refund (a small sum of less $100) issued to her estate. My question is, do I need to apply for a probate grant before I go to a financial institution to open an estate account? Or I could simply present a copy of the Will to the financial institution that I am the executor? Please advise
ReplyDeleteNo, you don't have to wait for probate. Take the will, a copy of the death certificate (or funeral director's statement) and your I.D. to the bank and they should open the account with no problem. Your authority comes from the will, not the probate.
DeleteLynne
My dad passed away and has no will, no assets, no liabilities, no bank account. I am an only child. Received his last Canada Pension cheque, issued in the month of his passing but am unable to cash it. Can I open an estate account and deposit his cheque into it. What do I need to do to prove that I am the only beneficiary?
ReplyDeletethanks.
My mother-in-law passed away one month ago, she was in an assisted living apartment. She had no assets other than a savings account. 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. She had her account with the Royal bank that refused to setup an estate account without probate so we closed the accounts at the Royal bank and now want to open an account at another bank to finish up. Other banks are also refusing to open estate accounts. We have cheques to deposit, but don’t know where to put them now. Can we just deposit the cheques in our own account? There are only two cheques to deposit and she never paid taxes, only received refunds due to low income.
ReplyDeleteRoyal bank will not allow me to open an Estate bank account, without a probated Will. The other financial company with all the investments left, did not require probate and it was a significant sum.
ReplyDeleteWhat are the alternatives if a bank will not open an estate bank account without probate? Lawyer Trust account and then endorse deposits to it and then disburse through it?
Look forward to some feed back and thanks.
Well, I posted the above,on July 16tth along with the other person who also had issues with Royal bank on July 8th.
ReplyDeleteI have since gone to CIBC and they had no issue with helping me without probate.
I opinion, you don't go to RBC if you have a non-probated Will. Waste of time.It takes sometimes up to a year or more to probate a Will, but bills need to be paid before that. THe big risk is, if a testamentary trust is involved, as there are deadlines that might be missed and taint the trust.
Hope this helps others who deal with RBC regarding non probated wills.
Hi,
ReplyDeleteI'd like to know if it is absolutely required for an estate account to be made.
My grandmother passed away and there are only two beneficiaries, my mother and I. What is the harm of just dividing the money between the two of us and paying the last few estate bills from our own accounts?