[TX] How do I access my deceased wife’s Bank of America funds and open an estate account with minimal probate?

TX Estate Probate

Legal Eagle

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I am very sorry you are dealing with this while grieving, and it makes sense that the bank’s requests feel confusing and bureaucratic.

Bank of America is freezing the account because it will not release funds based only on a death certificate and marriage certificate when the account is solely in the decedent’s name.

The “TX Order Approving Affidavit for Collection of Small Estate” items the bank listed are not templates you can simply fill out yourself. They are court orders that must be completed, filed, and then signed by a Texas probate judge as part of a small estate process or probate case.

Because the account appears to be around $1,500, your practical options are usually a Texas small estate procedure, a simplified probate route, or using any payable-on-death or beneficiary designation if one exists for that specific account. (TX Est Code § 205.001)

Even though you have a notarized will and a revocable trust, the bank may still require court documentation unless the account is titled in the trust or has a beneficiary designation that allows direct release.

Your next step is to contact the probate clerk in the Texas county where your wife lived at the time of death (or where she owned property in Texas) and ask what filing is needed to obtain an Order Approving a Small Estate Affidavit. You then file the affidavit and a proposed order for the judge to sign.

Once you have the signed Texas court order (or Letters Testamentary from a probate case if required), Bank of America should have what it needs to release the funds.

Texas Small Estate Affidavit Form

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Hello. My wife recently passed. The Bank of America is freezing her bank account until I complete the following.

Lexi, Chatbot

I’m so sorry to hear about your wife’s passing; that must be incredibly difficult for you. Can you tell me what specific steps the bank has outlined for you to unfreeze her account?

They want these forms completed:

TX Order Approving Affidavit for Collection of Small Estate_8783
TX Order Approving Affidavit for Collection of Small Estate_2776
Court Documentation/Formal Probate OR One of the Small Estate documents listed below based on total assets and relationship to the decedent_8783
Court Documentation/Formal Probate OR One of the Small Estate documents listed below based on total assets and relationship to the decedent_2776

Lexi, Chatbot

Have you already gathered any necessary documents, such as a death certificate or proof of your relationship?

The bank now has a copy of our marriage certificate and my wife’s death certificate. But still the bank is requesting these forms above.

Can you help provide me the template forms (shown above)?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in this area of law, and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

What is the approximate balance in the Bank of America account, and did your wife have a will or any other probate assets or debts in Texas?

Hard to guess, but I imagine not more than $1,500. We made a will together to leave each other everything. It is a notarized will. Revocable trust also.

Legal Eagle

Ok, thank you so much for including that. Has her will been filed with the probate court yet, or have you started any probate proceedings in Texas?

No, not yet. I don’t know what I am supposed to do.

Legal Eagle

It sounds like that may be the step you need, yes. Were there any other facts you’d like to add before I answered your question?

We have assets in the UK—pension funds and savings. Savings in her name (not sure if I am the beneficiary). My wife and I are/were both dual US and UK citizens. Main bulk of our assets are here.

How do I set up a bank account for an estate when checks are issued to the estate name?

Thank you!

Legal Eagle

I am very sorry you are dealing with this while grieving, and it makes sense that the bank’s requests feel confusing and bureaucratic.

Bank of America is freezing the account because it will not release funds based only on a death certificate and marriage certificate when the account is solely in the decedent’s name.

Once you have the signed Texas court order (or Letters Testamentary from a probate case if required), Bank of America should have what it needs to release the funds.

Legal Eagle

Does that help clarify things?

Most assets are in the USA. But thank you. I think this will help me move forward.
At what point can I set up a bank account for the estate? I think it may be once I have the order approving a small estate affidavit?

Also—does this chat remain on my account permanently so I can return to it for reference?

Legal Eagle

I hear you, and you’re thinking about the right next step.

In Texas, you can usually open an estate bank account once you have court-issued authority, most commonly Letters Testamentary (or Letters of Administration). An Order Approving a Small Estate Affidavit may allow you to collect and distribute assets, but it does not always give you the authority banks want to open an estate account.

Practically speaking, I recommend asking both the probate clerk and Bank of America what they require specifically for opening an “estate account” in your situation. If they insist on Letters, you may need to open a probate case even if the account itself is small.

You are also free to come back anytime—this chat remains available in your account for reference.

Did you have any other concerns you wanted to address?

I think this is about it for now. You have been helpful.
There is the question of an insurance policy connected to Claire’s work, and also her teachers pension, but I think the direction you’re pointing me in will help with all of this anyhow.

Thank you so much for now.

Legal Eagle

Thank you so much for contacting us! We’re happy to help whenever you need it.

Legal Eagle

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