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Do I need to go to Probate Court to create an Estate Account on behalf of my late husband without a Will?

Location: Palmdale  |  Law type: estate planning

My husband of 30 years passed away 6/23/2021 from Covid-19 Delta complications, 3 months after he retired.  His employer's Retirement Dept contacted me today saying they are preparing to disburse my Single Life Annuity funds, including back pay from Aug. 1, 2021 to present, via direct deposit.  They also informed me that they will be mailing me a Lump Sum in the form of a check made out to "The Estate of Danny L. Williams", my late husband.  I was told that I need to create an Estate Account in order to deposit the funds.

There is no Will or Probate in place, as I am the Surviving Spouse and Beneficiary of his Retirement Account.  His Retirement Account was established and activated prior to his death by Goldman Sachs, whom his employer, Liberty Mutual Ins Co. assigned to him and the other retirees.  I asked Liberty Mutual if the funds can be Rolled Over into my husband's Retirement Account that was transferred to me after he died and they said No, it can only be released into an Estate Account.

I need to know the following:

1.  Since there is no Will or Probate in place, do I have to go to Probate Court to establish an Estate with me being the Administrator before I can open the Estate Account with the bank?

2.  If so, what documents am I required to file to obtain a Probate Hearing?

With Sincere Thanks,

Melanie Harper Williams



Legal question "Do I need to go to Probate Court to create an Estate Account on behalf of my late husband without a Will? " has been written 1 month 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Palmdale & area of law: estate planning. Latest answer commented 1 month 3 weeks ago.
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