IBA Compliance Connection

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For sole proprietor accounts, we typically create the account in the name of the sole proprietor and permit an authorized signer, which is often the spouse. What documentation should we require to permit the authorized signer to continue to transact on the account after the death of the sole proprietor?

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As a general rule, with these facts, we would recommend requesting documentation from the authorized signer indicating that the person either has acquired a legal interest in the account or has been appointed in a representative capacity for the estate of the account owner. Examples would include a will, small estate affidavit, or court order.

For resources related to our guidance, please see:

  • Washington v. Caseyville Healthcare Ass’n, 284 Ill. App.3d 97, 101 (5th Dist. 1996) (“Under agency principles, the death of the principal terminates the authority of the agent, even if the agent has no notice of the principal's death.”)
  • Illinois Probate Act, 755 ILCS 5/19-6(a) (“Except as otherwise directed by the decedent in his will or except as otherwise provided by law, a representative has authority, for the preservation and settlement of the estate of a decedent, to continue the decedent’s unincorporated business during one month next following the date of issuance of his letters unless the court directs otherwise, and for such further time as the court from time to time may authorize, without personal liability except for malfeasance or misfeasance for losses incurred.”)