What Next of Kin Can and Cannot Do With a Deceased Person's Bank Account

Next of kin cannot walk into a bank and withdraw money from a deceased person's account just by showing up with a death certificate. Banks freeze accounts when they learn of a death, and access depends on what the account holder left behind—a will, a beneficiary designation, or nothing at all. The path forward changes based on the account type, the estate size, and whether the person left instructions.

If the account had a payable-on-death (POD) beneficiary or transfer-on-death (TOD) designation, that named person can claim the money directly without going through probate. If there is a will, the person named as executor in that will has the legal authority to access the account on behalf of the estate. If there is no will and no beneficiary named, the account becomes part of the estate, and a court must decide who gets it based on state law—usually a spouse first, then children, then parents, then siblings in order.

Key Takeaways

  • Accounts with a named POD or TOD beneficiary pass directly to that person without probate, and the bank will release funds once you show a death certificate and proof of identity.
  • If there is a will, the executor named in it has the authority to access the account and manage it as part of the estate.
  • Without a will or beneficiary designation, the account freezes until a court issues a letter of administration or order of succession, which can take weeks to months depending on your state.
  • Joint accounts with survivorship rights pass to the surviving joint owner automatically, but joint accounts without survivorship rights become part of the estate.
  • You will need an original or certified death certificate, proof of your identity, and proof of your relationship to the deceased to start any process.

Accounts With a Named Beneficiary or Payable-on-Death Designation

If the account holder filled out a POD (payable-on-death) form or TOD (transfer-on-death) form when opening the account, the money goes to whoever is named on that form. This is the fastest route. The named beneficiary contacts the bank with a death certificate and a government-issued ID, and the bank releases the funds—no court involvement, no probate, no waiting for an executor.

The bank will ask for the original death certificate or a certified copy. Some banks accept electronic copies; others require the paper version. You will also need to show ID and sign paperwork confirming your relationship to the deceased. The timeline is usually one to two weeks once the bank has everything it needs. Call the bank's customer service line and ask for the "POD beneficiary claim process" or "TOD claim process" to find out exactly what documents they need and whether you can start by phone or must visit in person.

If you are the named beneficiary but the account holder also left a will that names someone else as executor, the beneficiary designation takes priority over the will for that specific account. The money does not go into the estate; it goes straight to you. This is one of the few times a will does not control what happens to an asset.

Joint Accounts and Survivorship Rights

A joint account with survivorship rights (also called "joint tenants with rights of survivorship" or JTWROS) passes automatically to the surviving joint owner when one owner dies. The surviving owner already has access and does not need court permission. The bank may ask for a death certificate to update its records, but the account does not freeze.

A joint account without survivorship rights is different. When one owner dies, that person's share becomes part of their estate, and the surviving owner can only use their own share. The bank will freeze the account or restrict it until the estate is settled. This is less common—most joint accounts default to survivorship—but it happens, especially with older accounts or accounts opened in certain states. Call the bank and ask whether the account has survivorship rights; they can tell you by looking at the account agreement.

If you are the surviving joint owner and the account has survivorship rights, you can usually access it immediately by presenting a death certificate. If survivorship rights do not apply, you will need to wait for the executor or for a court order, the same as any other account without a named beneficiary.

Accounts With a Will and an Executor

If the deceased person left a will that names an executor, that executor has the legal authority to access the account and manage it as part of the estate. The executor must present the will and a certified copy of the death certificate to the bank. Many banks also ask for a letter from the probate court confirming the executor's authority, though some will accept the will alone if it is notarized and the executor shows ID.

The executor's job is to pay the deceased person's debts (taxes, medical bills, funeral costs, credit cards) and then distribute what is left to the people named in the will. The executor does not own the money; they manage it on behalf of the estate. The bank may require the executor to open an estate account or may allow the executor to use the deceased person's existing account. This depends on the bank's policy.

The timeline depends on whether the will goes through probate. If the estate is small enough to use a simplified process (called small estate administration or summary probate, available in most states for estates under a certain dollar amount—usually $10,000 to $50,000, varying by state), the executor can access the account in a few weeks. If the estate is larger and requires full probate, it can take several months. The executor should contact the bank early and ask what documents are needed and whether the estate qualifies for a faster process.

Accounts With No Will and No Beneficiary

If the deceased person left no will and named no beneficiary, the account is part of the estate, and state law decides who gets it. The bank will freeze the account. To access it, someone must go to probate court and ask for a letter of administration or order of succession—a court document that says "this person is authorized to manage the deceased person's estate."

The person who files is usually the surviving spouse, an adult child, or another close relative. They file a petition with the probate court in the county where the deceased person lived. The court looks at state law to determine the order of priority (spouse first, then children, then parents, then siblings). If there is no dispute, the court issues the letter within a few weeks to a couple of months. Once you have the letter, you take it to the bank along with a death certificate and ID, and the bank allows you to access the account.

If multiple relatives want to manage the estate or disagree about who should, the process takes longer and may require a lawyer. If the estate is very small, your state may have a shortcut: an affidavit of succession or small estate affidavit that lets you skip probate court entirely. Ask the probate court clerk or a local legal aid office whether your state offers this option and what the dollar threshold is.

What Documents You Will Need

Regardless of which path applies to you, start by gathering these documents:

  • An original or certified copy of the death certificate. You can order this from the vital records office in the county where the person died. Most banks will not accept a photocopy or a digital image; they want the official version with the raised seal. Order multiple copies (at least three to five) because different institutions may each need one.
  • Proof of your identity: a driver's license, passport, or state ID.
  • Proof of your relationship to the deceased: a birth certificate (if you are a child), a marriage certificate (if you are a spouse), or a court order (if you are the executor or administrator).
  • If you are the executor, the original will or a certified copy, and ideally a letter of testamentary from the probate court confirming your authority.
  • If you are the named POD or TOD beneficiary, the account number and the name of the bank.

Call the bank before you visit or mail anything. Ask the customer service representative what specific documents they need and in what form. Some banks have a dedicated department for deceased account holders and can walk you through the exact steps.

What Happens if You Cannot Find the Account

If you know the deceased person had a bank account but you do not know which bank, start by looking through mail, bills, and tax returns. Check for bank statements, debit cards, or online banking login information. Ask the executor or the person who handled the deceased person's affairs.

If you still cannot find it, contact your state's unclaimed property program. Most states hold onto bank accounts and other assets that have been inactive for a set period (usually three to five years). You can search for free on the National Association of Unclaimed Property Administrators website (NAUPA) or on your state's treasurer or comptroller website. If the account is there, you can file a claim to recover the funds.

Frequently Asked Questions

Can I access the account if I am not named in the will?

Only if you are the surviving joint owner with survivorship rights, or if you are the surviving spouse or next of kin and you go to probate court to get a letter of administration. Being related to the deceased does not give you automatic access; you need either a legal document (will, POD form, joint account agreement) or a court order.

What if the bank will not release the money?

Banks are required by law to freeze accounts when they learn of a death. If the bank is asking for documents you do not have or is refusing to accept valid documents, ask to speak with a manager or the bank's legal department. If the bank continues to refuse, you may need a lawyer to send a letter on your behalf, or you may need to file a court order compelling the bank to release the funds.

Do I have to pay taxes on money I inherit from a bank account?

Federal inheritance tax does not exist, but some states have an inheritance tax, and the deceased person's estate may owe income tax on interest earned before death. The executor handles estate taxes. As the beneficiary, you generally do not owe tax on the money you inherit, but you may owe tax on any interest or earnings that accrue after you receive it. Consult a tax professional or the executor for specifics about your situation.

How long does it take to access the account?

If there is a POD or TOD beneficiary, one to two weeks. If there is a surviving joint owner with survivorship rights, a few days to a week. If there is a will and an executor, a few weeks to several months depending on whether probate is required. If there is no will or beneficiary, several weeks to several months for the court to issue a letter of administration.

Can the bank charge fees while the account is frozen?

Banks may continue to charge monthly maintenance fees or other fees on a frozen account. If the account balance drops below a minimum, the bank may charge additional fees. Contact the bank and ask whether they will waive fees during the probate process; many do as a courtesy once you provide a death certificate and proof of your status as executor or beneficiary.