Bank Confirmation Letter

Answer 1

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One of the executor's responsibilities in probating a decedent's estate is that of gathering the decedent's assets. The executor must collect and inventory the decedent's assets that are subject to probate. Tasks involved in gathering the decedent's assets include reviewing records to identify all of the decedent's assets; determining which assets are subject to probate; taking physical custody of probate assets; valuing the assets; and filing an inventory listing with the probate court.

One of the most common assets owned by a decedent is an account at a bank or other financial institution, such as a credit union. The decedent may own a variety of different types of accounts held by a financial institution. For example, a decedent may own checking accounts, savings accounts, money market accounts, or IRA (Individual Retirement Account) accounts to name a few of the more common types of accounts.

The Bank Confirmation Letter serves a couple of different functions. First, it allows the executor to verify the existence of accounts held by the financial institution. It also helps the executor determine the exact ownership of the accounts. If the account is held jointly with another individual, the account may or may not be subject to probate. Similarly, retirement accounts are not subject to probate. Therefore, it is important for the executor to be able to identify the types of accounts owned by the decedent and in whose name the accounts are held. This confirmation letter allows the executor to fulfill this duty.

Another of the executor's asset gathering responsibilities is valuing the decedent's assets as of the date of the decedent's death. Most bank accounts are generally valued at the face amount of the account because of the ability to immediately liquidate the account, such as with a checking or savings account. This confirmation letter allows the executor to value the accounts as of the date of the decedent's death, including interest accrued on the accounts as of the date of the decedent's death but not yet posted to the account by the financial institution.

The executor is also responsible for inventorying the decedent's assets. This confirmation letter allows the decedent to gather information for all of the accounts held by the financial institution where the letter is mailed. The executor may or may not have all information concerning accounts owned by the decedent. Even if the executor does not have information about all of the accounts owned by the decedent or the account numbers for all of the accounts, the executor can send this letter to financial institutions where the decedent may potentially have held accounts. This gives the executor the ability to locate assets or which the executor did not have prior knowledge.

Accounts at financial institutions continue to earn interest after the decedent's death. Such interest is income to the estate that the executor must report on the estate income tax return. The confirmation letter assists the executor in obtaining information about accounts owned by the decedent, which in turn become assets of the estate. The executor can then keep track of the assets of the estate that will produce income for the estate that must be included on the estate's income tax return.