Ok, we had a questions that came up when we had an attorney come in and talk to our retail (new accounts personnel) team. The attorney had come in at our invitation because she specializes in guardianships/conservatorships/estates and other similar areas as we have had a number of questions come up related to these areas. One of the questions she had for us as a bank was whether we would tell someone that a person did not have any accounts with us. So in the case of a parent (or other relative dies) and did not have a good record of where all of their bank accounts were located she tells her clients (the heirs or personal representatives of the estate depending on the circumstances) to call around to area banks to see if the deceased had any accounts there in order to get an accurate accounting of the deceased assets. In a case where the deceased was a customer we would simply tell the PR that we cannot give out any information without Letters of Testamentary. We would not confirm that they had an account just inform the PR that we would need to see the letters before any information was provided. Now maybe that gives them an indication that there is an account. Her question was would be tell the same thing to a PR where the deceased had no accounts with us (so basically requiring them to go to the court and get the letters and bring them back to us and then us informing them that the deceased had no accounts with us). My initial reaction was well if they are a non-customer (and non-consumer as both are defined) we would simply tell them the deceased has no accounts with us. My retail team pushed back at me and said that would be a violation of privacy. But I am struggling to se how this would be a violation of the deceased's privacy if they were never a customer or consumer (with in the definitions of Reg P) and therefore they would not be covered by our privacy policy how would this be a violation of their privacy and a violation of our privacy policy. Am I missing something? Again the deceased is a non-customer and non-consumer. Thanks!

Why do you want to have two processes? If a PR wants information on an account of the deceased (whether they have one or not), they need to prove that they are entitled to it. Leave it at that. It is much simpler.

The lawyer's advice is following the line of what would be easiest for her, not necessarily what would be best for your bank. Regardless, if you have proof of death, I see no privacy implications to answering the question "yes" or "no." As for inconveniencing people by requiring the letters before you give them any other details, the individual is not the personal representative unless he or she already has the letters. Actually, if he or she does not have the letters, they should not be asking the question.