Yes, you need to be the executor appointed by the will, and have that appointment confirmed by the probate court; or you need to be appointed the personal representative or administrator of the will (different states use different terms) by the court if there was no will setting out an executor--if you are next of kin, you should have no problem with the appointment. The executor or personal representative/administrator has authority over the estate's assets. Once you have your appointment confirmed by the court, they will give you documenation showing you have this authority; you take that documentation, often called "letters testamentary," to the bank along with the death certificate, and the bank will set up an estate account. A lawyer always helps, but you don't need one; contact the probate court clerk's office (and/or look on the court's website) for instructions on how to apply to be a personal representative/administrator, if there is no will, or how to have the court confirm you as executor if there is a will naming you such.