No. When one joint owner of an account dies the account will become the sole property of the surviving owner with no need of probate.
If the account was a joint account in your name and your father's name and he is now deceased then you are the owner of the account. ==Additional Answer== Probate is needed if you are not a holder of the account with your father, as you seemed to state in your question, and the account is in your father's name alone. Whoever files to open up probate will get a document called letters testamentary, and that person takes a certified copy of the letters testamentary to the bank and the bank will then issue a check to be distributed to the legal heirs.
As I understad the question I am reading it as so. Your father had a power of attorney over your bank account. Your father died and you wish to find out what has happened regarding your bank account. First your father would no longer be your attorney in fact do to his death. If this was something that you did you can often revoke a Power of Attorney and then you would have full control over the account. If this was court ordered do to some sort of legal incapacity that made you unable to handle your financial affairs a new POA needs to be assigned and they can take over your account.
If the named person is not a joint account holder with rights of survivorship the bank account monies will become the property of the probate court and be distributed according to succession law of the state where account holder resided at the time of his or her death.
You seem to want to do something associated with the Uniform Gift to Minors Act and your father's account and you are 59 years old. You cannot make any transfers from or of any account belonging to your father unless you have the legal authority to do so. Your father must name you as his attorney in fact and then direct you to make changes to his existing account. If he lacks the legal capacity to name you as his attorney in fact then you must petition the probate court to be appointed his legal guardian or conservator.You seem to want to do something associated with the Uniform Gift to Minors Act and your father's account and you are 59 years old. You cannot make any transfers from or of any account belonging to your father unless you have the legal authority to do so. Your father must name you as his attorney in fact and then direct you to make changes to his existing account. If he lacks the legal capacity to name you as his attorney in fact then you must petition the probate court to be appointed his legal guardian or conservator.You seem to want to do something associated with the Uniform Gift to Minors Act and your father's account and you are 59 years old. You cannot make any transfers from or of any account belonging to your father unless you have the legal authority to do so. Your father must name you as his attorney in fact and then direct you to make changes to his existing account. If he lacks the legal capacity to name you as his attorney in fact then you must petition the probate court to be appointed his legal guardian or conservator.You seem to want to do something associated with the Uniform Gift to Minors Act and your father's account and you are 59 years old. You cannot make any transfers from or of any account belonging to your father unless you have the legal authority to do so. Your father must name you as his attorney in fact and then direct you to make changes to his existing account. If he lacks the legal capacity to name you as his attorney in fact then you must petition the probate court to be appointed his legal guardian or conservator.
Upon your father's death, his half of the joint bank account would typically pass directly to your sister as the surviving account holder. It would not be included in his estate and would not go through probate.
You need to be legal executor of the estate of your late father. You will need to prove this to the bank which holds your father's account. To do this you need to submit the will (if one exists) to probate to attest the value of the estate and settle all debts pertaining to the estate first. The quickest way to resolve this is through a lawyer.
If you have officially filed the will for probate you should have received a document called letters testamentary from the court soon after you filed. Present that document to the bank and if they still won't issue a check, get a probate attorney. tiekh@yahoo.com Probate Researcher
First check with the bank to see if your father named a beneficiary for the account. If not then you need to petition the probate court to be appointed the Administrator of your father's estate. The court will issue Letters of Administration that will give you the legal authority to take possession of his property, pay his debts and make distribution to his heirs.
what's to do as long as your name is on the account that way the money doesn't go into probate when mom leaves
You need to probate your father's estate if he owned any property at death that was not transferred to his trust. You should have a copy of the trust. If you're not sure you should consult with an attorney who specializes in probate law.
If your father is living , no. If your father has died and you know someone has the Will you can insist it be filed with the probate court. Once it has been filed for probate you can visit the court and obtain a copy.
A will must "go to probate" in order to be declared legal and enforceable. Going to probate means having the will proved as a valid last will and testament according to the applicable state laws.