FAQ: My dad passed with $5,000 in a checking account. Can I get these funds to pay for the funeral?

Answer:  Yes.  Pennsylvania has a statute that allows a bank, credit union, and other savings institutions to pay the amount on deposit to the spouse, any child, the father or mother or any sister or brother of the decedent (in that order of preference) if the total amount on deposit does not exceed $10,000.

You must provide a funeral bill receipt or an affidavit of a licensed funeral director that states that satisfactory arrangements for payment of funeral services have been made.

Bank personnel generally do not know about this law, so it might take a little extra effort to make this happen.  Here is what you could do: 1) have an original death certificate to give to the bank; 2) have the funeral bill receipt or the affidavit of the funeral director as mentioned above to give to the bank; 3) have a photo ID ready and if there is no surviving spouse, have a death certificate for the other deceased spouse; 4) call the bank where the funds are held and discuss your intentions and set a time to visit the branch; 5) be prepared to present the bank with all the information listed above and take this citation to the PA law 20 P.a.C.S. § 3101 with you because an inexperienced customer service rep at a bank might need to send it to their legal counsel for approval.

The process above is a pretty straightforward one.  For many people, this is the first question they have when calling or emailing our office.  If this is the only issue in an estate that you are handling, then hopefully this is all the answer you will need.  But, it’s important to remember that probate and estate administration is a legal process and the representative of the estate can run into liability if he or she mishandles the administration to the detriment of the beneficiaries.  And, the estate administration process can be emotional, complex, and time consuming.  We help families sort out all the legal issues involved in estate administration and protect the representative from liability.  We handle all types of estate administrations from simple to quite complex.  If you are handling the estate of a loved one and are questioning how best to get it done, contact Baroni Estate Planning & Elder Law.  We can help.

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