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What To Do When You Are a Surviving Spouse

CARS

Sole Ownership by Deceased Spouse

• Present to the Bureau of Motor Vehicles a death certificate and letter from Probate Court stating that the will does not give the vehicle to someone else. If the car is still being financed, permission to transfer ownership must be given by the lienholder (bank or finance company).

Joint Ownership

• If the title to the vehicle has both spouses' names, then the surviving spouse must present Bureau of Motor Vehicles with a copy of the death certificate and fill out forms available at BMV.

BANK ACCOUNTS

• A bank may continue to pay out on a deceased person's account for 10 days after notification of death. However, a surviving spouse can instruct a bank not to pay on checks if there is reason to suspect fraud or misappropriation.
• Surviving spouses sometimes have difficulty accessing the deceased spouse's account. If the bank account was in decedent's name only the bank may require the surviving spouse to go through the collection of personal property by affidavit process. (Remember this cannot occur until a month after the death.) A spouse may gain access if he/she is named personal representative in the decedent's will.
• There should be no problem with access to joint accounts.
• Payable at Death Accounts designate a beneficiary who receives funds remaining in the account at the time of the account holder's death. The beneficiary will normally be asked to present picture identification to bank personnel.

SAFETY DEPOSIT BOXES

• Bank have their own rules about safety deposit boxes. Some banks allow a survivor to open a decedent's safety deposit box to look for a will. A bank employee will accompany the survivor to make sure only the will is removed.
• For a small estate, an affidavit for collection of personal property should permit access to the safety deposit box. Some banks have their own forms which serve the same purpose as the affidavit.
• Other banks require the appointment of a personal representative before allowing access to the safety deposit box.
• Access to safety deposit boxes in the decedent's and surviving spouse's name depends on the bank. Some permit free access; others seal the box and restrict access to the personal representative.

  If you have any questions about this information, please call the Legal Services for the Elderly Hotline at 1-800-750-5353 or (207) 623-1797. 

September 2008