Bank of America Letter of Instruction: Documents and Submission

Bank of America’s Letter of Instruction is a notarized form that tells the bank where to send a deceased customer’s money and how to send it. You cannot download it on your own. The bank issues it after you open an estate case, and it accepts your signature only if you have legal authority to act for the estate — as an executor, a court-appointed administrator, a small estate affidavit claimant, or a named beneficiary on a payable-on-death account. The path from death certificate to disbursed funds runs through three steps: open the case, assemble your legal documents, then complete and notarize the form with your distribution instructions.

When the Form Applies

Whether you need a Letter of Instruction depends on how the account was titled.

Sole-owned accounts going through probate: the executor or administrator completes a Notarized Letter of Instruction after providing Letters Testamentary or Letters of Administration.
Sole-owned accounts that qualify under state small estate laws: a small estate affidavit replaces the probate documents, and the Letter of Instruction still directs the funds.
Payable-on-death or in-trust-for accounts: named beneficiaries complete a separate Notarized Beneficiary Letter of Instruction along with a certified death certificate.¹
Joint accounts with right of survivorship: no Letter of Instruction is required. The surviving owner brings a death certificate and updates the signature card.¹

One trap worth naming up front: a power of attorney terminates at death, including a durable one. If you were the agent under a POA, you cannot sign the Letter of Instruction in that capacity. You must first be appointed by the probate court, or qualify under one of the other categories above.

Open the Estate Case First

You cannot get the form until Bank of America has opened a case and assigned a reference number. Three ways to start:

Online at bankofamerica.com/estateservices. Non-customers and authorized third parties can enroll in the Third-Party Case Manager portal, which supports electronic document uploads and eForms.²
By phone at 888-689-4466, the Estate Servicing line.²
In person at any Bank of America financial center with the death certificate and your identification.

Have the decedent’s full legal name and Social Security number ready so the representative can locate the accounts. The bank also records your role, your contact information, and issues a case reference number.² Keep that number. Every subsequent call, upload, or mailing references it.

Documents to Gather Before You Complete the Form

Bank of America releases nothing until the documentation package is complete. Incomplete submissions are the most common cause of delay, so pull everything together before you start on the form.

Death certificate. A photocopy is acceptable for the initial submission. The bank uses it to verify identity, residence, and date of death.²
Court authority documents. Letters Testamentary if there was a will; Letters of Administration if there wasn’t. Stale documents issued months ago may be rejected, so use a recent set.
Small estate affidavit, if the estate qualifies under your state’s threshold. This replaces the probate court documents.²
Supporting documents the bank may request based on the situation: a copy of the will, a formal trust document, a birth or marriage certificate, or proof of a legal name change.²

Order several certified copies of the death certificate from the vital records office in the state of death. Other institutions in the estate settlement will need them, and many won’t accept photocopies.

Completing the Letter of Instruction

The bank provides the form after you open the case, either on paper at a financial center or as an eForm through the Third-Party Case Manager portal.³ The form asks for four things: what to act on, who receives the money, how the money moves, and how tax should be handled if a retirement account is involved.

Accounts and Identity

List every Bank of America account you want acted on. Checking, savings, certificates of deposit, IRA accounts — each one belongs on the form. If you omit an account, the bank only acts on what you listed, and you’ll have to file a second Letter of Instruction to release the rest. Include the decedent’s full legal name as it appeared on the accounts and their Social Security number.

For each recipient, provide the full legal name and permanent residential address. If several people are receiving funds, list complete identifying information for each.

Distribution Method

You choose how the bank sends the money:

Cashier’s check, mailed to the address on the form. The payee name has to match the recipient’s legal name exactly.
Wire transfer, which requires the receiving bank’s ABA routing number, the account number, and the account type. Bank of America charges $30 for an outgoing domestic wire, and domestic wires typically arrive the same business day.⁴
Internal transfer, if the recipient already holds a Bank of America account. No wire fee applies.

For large sums, a wire avoids the risk of a six-figure check in the mail.

Tax Withholding for Retirement Accounts

If the decedent held an IRA at Bank of America, the form includes a federal income tax withholding section, because retirement account distributions are taxable to the recipient. The default federal withholding rate on nonperiodic IRA distributions is 10%. You can elect a different rate between 0% and 100% on the form, which acts like an IRS Form W-4R election.⁵ Skip the section, or fail to provide a Social Security number, and the bank withholds 10% automatically.

Employer-sponsored plan distributions, such as from a 401(k), follow a different rule. Mandatory federal withholding is 20% on eligible rollover distributions, and you cannot opt out unless you do a direct rollover to another retirement account.⁶ Most non-spouse beneficiaries also have to fully distribute an inherited retirement account within ten years of the original owner’s death under current IRS rules.

Signature and Notarization

Bank of America requires the Letter of Instruction to be notarized.² Sign in front of a notary public who verifies your identity and stamps the document. Many financial centers offer notary services, but availability varies by branch. If you use the online portal, you can sign electronically; the portal walks you through a consent step and a digital signature field.⁷ On a paper form, use blue or black ink. Other colors can cause problems with the bank’s document scanning.

Medallion Signature Guarantee for Securities

If the estate includes securities or brokerage holdings at Merrill, you may also need a Medallion Signature Guarantee, a stamp that verifies both your identity and your legal authority to transfer financial assets. It carries more weight than a standard notary seal.

Bank of America only provides Medallion Signature Guarantees to Private Bank or Merrill investment clients who have held accounts for at least six months, and the bank will not guarantee signatures for assets being transferred out of a Bank of America or Merrill account. The guarantee usually has to come from a third party not involved in the transfer, or from the firm receiving the assets.⁸ If you don’t qualify, try the institution receiving the assets, or another bank or credit union where you hold an account. Fees and in-person requirements vary. Start early, because tracking one down often takes longer than expected.

How to Submit the Package

Once the Letter of Instruction is notarized and you have the death certificate and legal authority documents together, submit through any of these channels:

Mail originals to Bank of America — Estate Servicing Operations, PO Box 31655, Tampa, FL 33631-1655. Certified mail with return receipt gives you delivery confirmation.³
Fax to 866-694-9046 for preliminary review. The bank may still ask for originals by mail.²
Upload scans and complete eForms through the Third-Party Case Manager at bankofamerica.com/estateservices. The portal shows a to-do list, accepts uploads, and moves items to “Under Review” once submitted.⁷
In person at any financial center, where an employee can verify your identification and scan the documents directly into the system.³

The online portal is the fastest route in and gives you the clearest tracking on each document.

Review Timeline and Payout

After Bank of America receives the package, allow ten business days for review.³ The team confirms your legal standing, matches your court documents against your instructions, and checks for liens, legal holds, or competing claims. Complex estates with multiple account types or investment holdings take longer.

If something is missing or inconsistent, the bank contacts you for clarification, which resets the clock. Getting the package right the first time matters more than getting it in fast. Once the file clears review, the bank disburses funds according to your instructions. Wire transfers arrive the same business day; cashier’s checks go into the mail. A confirmation letter follows to close the file.

Common Mistakes That Cause Rejection

Most delays trace back to a small set of preventable errors. The bank’s review team flags:

Stale court documents. Letters Testamentary or Letters of Administration issued too long ago get rejected. Request fresh copies from the court if yours are old.
Incomplete account listings. The bank only acts on the accounts you listed. Anything missed requires a second submission.
Name mismatches. The payee name has to match the recipient’s legal name exactly. A nickname or shortened name can hold the disbursement.
Wrong routing number on a wire. Wire routing numbers and ACH routing numbers are often different at the same bank, and using the wrong one sends the transfer into limbo.
Missing notarization. A Letter of Instruction without a notary stamp comes back. On paper, do not sign until you are in front of the notary.
Signing as a former POA agent. A power of attorney ends at death, and submitting under POA authority guarantees a rejection.

If you hit a stall you cannot resolve through the portal, call 888-689-4466 and reference your case number. Having it ready saves time on every call.

1
Bank of America. Help When a Customer Passes Away
2
Bank of America. Estate Services
3
Bank of America. Estate Services Client Resource Guide
4
Bank of America. Bank of America Wire Transfers
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Internal Revenue Service. Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions
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Internal Revenue Service. Rollovers of Retirement Plan and IRA Distributions
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Bank of America. Estate Services Online
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Bank of America. Medallion Signature Guarantee