My father passed away in NM and left a TX bank account. How do I get the bank to release it without probate?
13
3
Because your father died domiciled in New Mexico but left a Texas bank account, you have to give the Texas bank something it can legally rely on: either (1) letters of appointment issued by a probate court or (2) a Texas-compliant small-estate or successor affidavit that meets the exact requirements of the Texas Estates Code.
The bank is refusing the “successor-interest” form you showed it, so the simplest path is usually to open a basic New Mexico probate, have the court appoint the surviving spouse (or another heir) as personal representative, and then obtain certified Letters of Administration.
Texas Financial Code §201.101 allows a Texas bank to honor letters issued by another state once it is satisfied they are authentic. Many institutions, however, want those foreign letters domesticated, meaning recorded in the Texas county where the bank sits.
If the only estate asset is the sub-$50,000 Texas account, you may instead use Texas’ own small-estate procedure:
Texas Estates Code § 153.003 allows a bank to release up to $250,000 using a notarized Small Estate Affidavit for Financial Institution signed by all heirs. No court filing is required.
If the bank still refuses, after 90 days they can be held liable for failing to release the funds.
Since you cannot travel, ask the bank’s estate department which option they will accept.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
Father passed in New Mexico. Real estate property and life insurance passed to wife. Bank account in Texas needs to be settled. Bank won’t release without probate, even with affidavit of successor interest, letters of testamentary and heirs wanting to split evenly. How can this be released without will?
I’m sorry to hear about the passing of your father. Have you already consulted with a probate lawyer in Texas regarding the bank account issue?
He lived in New Mexico and the bank account is in Texas.
Do you have a copy of the bank’s specific requirements for releasing the funds without a will?
No lawyer is able to help that I have contacted.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with probate and the bank account.
They just said probate documents but the estate is under $50,000.
Hi there! My name is Seth, and I am a licensed attorney. Please know that my responses are for general information only and do not constitute legal advice. Also, you may experience a wait time between responses. That is because I work with multiple customers at the same time. Please know that I will respond as soon as I can. I appreciate your patience. I am reviewing your question now…
I live in Arkansas so visiting the bank in person is the hardest part. It involves my father’s wife and half brother. I have death certificate. There is a general agreement to split everything evenly between my siblings.
Because your father died domiciled in New Mexico but left a Texas bank account, you have to give the Texas bank something it can legally rely on: either (1) letters of appointment issued by a probate court or (2) a Texas-compliant small-estate or successor affidavit that meets the exact requirements of the Texas Estates Code.
The bank is refusing the “successor-interest” form you showed it, so the simplest path is usually to open a basic New Mexico probate, have the court appoint the surviving spouse (or another heir) as personal representative, and then obtain certified Letters of Administration.
Texas Financial Code §201.101 allows a Texas bank to honor letters issued by another state once it is satisfied they are authentic. Many institutions, however, want those foreign letters domesticated, meaning recorded in the Texas county where the bank sits.
If the only estate asset is the sub-$50,000 Texas account, you may instead use Texas’ own small-estate procedure:
Texas Estates Code § 153.003 allows a bank to release up to $250,000 using a notarized Small Estate Affidavit for Financial Institution signed by all heirs. No court filing is required.
If the bank still refuses, after 90 days they can be held liable for failing to release the funds.
Since you cannot travel, ask the bank’s estate department which option they will accept.
Thank you! This is the clearest answer I have been able to obtain. There is real estate property but my mother was a cosigner and my dad’s wife has their house cosigned as well. Will that affect anything if there was any direct beneficiaries?
Whether the real-estate interests pass through probate or go directly to named heirs depends on how each property is titled, not who is listed as a loan cosigner.
If the deeds include survivorship language—Joint Tenancy with Right of Survivorship, Tenancy by the Entirety, or New Mexico community property with right of survivorship—your father’s share passes automatically to the co-owner.
If the deed shows tenants in common, then your father’s share does go through probate.
A mortgage cosigner does not determine inheritance.
You should obtain certified copies of the deeds to confirm the title type.
Have I fully addressed your concerns today?
Yes, thank you!
