I've been working with a family in order to gain access to funds that were payable to "Estate of Dad."
Dad died leaving a last will and testament. He named his two children as the co-executors and the equal heirs. Dad only left two assets in his name, a retirement account and a bank account. There were no designated beneficiaries named on the retirement account, and the bank froze the bank account that was in Dad's name only. The family could not gain access to any of these funds.
The steps one must go through to get access to these funds are as follows:
(1) Co-Executors Confirmed. We will prepare the necessary court pleadings to get the two children confirmed as the Independent Co-Executors. This paperwork, along with the signed original of Dad's last will gets filed at the parish courthouse. The pleadings make their way to a judge's office, and, if approved, the judge signs the court order confirming the children as the Independent Co-Executors. Then, the clerk of court will issue "Letters of Independent Co-Executorship,"
(2) Open Estate Account. The children must use these "Letters of Independent Co-Executorship" to open an estate account at a financial institution. The institution holding the retirement account funds, and the bank where the frozen account is held, will issue checks payable to "Estate of Dad." The co-executors will then deposit these checks into the Estate account.
So, in this matter, the simplest way to get access to Estate funds was to open the Succession, get the Executors confirmed, open an estate account, and then deposit estate funds in the estate account.
Sure , there is more to a Succession, such as preparing and filing the Detailed Descriptive List of Assets and Liabilities, and Petitioning for the Judgment of Possession, but it's these first steps that allows families access to funds payable to an Estate.