Next of kin cannot withdraw money from a deceased person's bank account on their own
The bank will freeze the account as soon as it learns of the death. Next of kin have no automatic right to withdraw funds, even if they are named in the will or listed as beneficiaries. The account belongs to the estate, not to the relatives, and only specific people can access it under specific circumstances.
Who can eventually withdraw money depends on whether the account had a payable-on-death (POD) beneficiary, whether there is a will, and whether the estate goes through probate. The process takes weeks to months, not days. No bank will hand over money based on a death certificate alone.
Key Takeaways
- The bank freezes the account immediately upon learning of death, and next of kin cannot withdraw funds without a court order or proof of authority.
- Accounts with a named payable-on-death beneficiary bypass probate and that beneficiary can withdraw the full balance by presenting a death certificate and ID to the bank.
- Without a POD beneficiary, the account goes through probate, and only the executor named in the will (or an administrator appointed by the court) can withdraw money.
- Even with authority, the executor must pay the deceased's debts and taxes before distributing money to heirs, which can take several months.
- Small estate procedures in some states allow next of kin to withdraw funds without a full probate if the account balance is below a set threshold, usually $5,000 to $25,000.
How payable-on-death beneficiaries can withdraw funds
If the deceased person named a payable-on-death (POD) beneficiary on the account, that person can withdraw the entire balance without probate. The POD designation overrides the will and passes the money directly to the named beneficiary outside the estate.
To withdraw, the POD beneficiary must go to the bank with a certified copy of the death certificate and a valid photo ID. The bank will verify the beneficiary's identity and the death, then release the funds. This process usually takes one to two weeks, though some banks complete it in a few days.
If multiple POD beneficiaries are named, the account is divided equally among them unless the account document specifies otherwise. Each beneficiary can withdraw their share independently.
What happens when there is no payable-on-death beneficiary
Without a POD beneficiary, the account becomes part of the estate and must go through probate (or a simplified process if the estate is small). The bank will not release any money until someone with legal authority presents court documents proving they have the right to access the account.
That person is usually the executor named in the will. If there is no will, the court appoints an administrator, typically the surviving spouse or oldest adult child. The executor or administrator must file paperwork with the probate court, notify creditors and heirs, and wait for the court to grant them authority.
Once the court issues letters testamentary (for an executor) or letters of administration (for an administrator), the executor can present those documents to the bank and begin withdrawing money. This step alone takes four to eight weeks in most states, sometimes longer if the court is backed up.
Small estate procedures that skip probate
Many states have a faster route for small estates. If the account balance is below a certain threshold—typically $5,000 to $25,000, depending on the state—next of kin may be able to withdraw the money without going through full probate.
The process varies by state. In some places, a surviving spouse or adult child can sign an affidavit (a sworn statement) saying the estate is small and submit it to the bank along with a death certificate. In others, the court issues a simplified order. A few states allow the bank itself to release funds to next of kin if the balance is under the limit and a waiting period has passed.
Check your state's probate court website or call the court clerk to learn the threshold and the exact steps. The threshold amount and procedure change by state, so what works in one state will not work in another.
What the executor must do before distributing money to heirs
Even after the executor gains access to the account, they cannot simply hand the money to the heirs. The executor must use the funds to pay the deceased's debts first: funeral expenses, medical bills, credit card balances, and taxes owed to the IRS or state.
The executor must also notify creditors and give them a window to file claims against the estate—usually 60 to 90 days. If a creditor files a claim, the executor must pay it before distributing anything to heirs. Only after all debts, taxes, and administrative costs are paid can the executor distribute the remaining balance to the people named in the will or, if there is no will, to the heirs under state law.
This is why probate takes so long. The executor is legally required to wait out the creditor notice period and verify that all bills are paid before anyone receives money. Rushing this step can make the executor personally liable for unpaid debts.
Joint accounts and accounts with transfer-on-death provisions
If the deceased owned a joint account with right of survivorship, the surviving joint owner automatically owns the entire account and can withdraw money immediately. No probate is needed, and the bank will release funds once the surviving owner presents a death certificate and ID.
Some banks also offer transfer-on-death (TOD) provisions, which work similarly to POD beneficiaries. The named TOD beneficiary can withdraw the balance by presenting a death certificate and ID. Check the account documents to see if this option was selected.
These arrangements are separate from the will and bypass probate entirely. If you are unsure whether the account has a POD, TOD, or joint owner designation, call the bank and ask. The bank has this information on file.
What to do if the bank refuses to release funds
Some banks are slow to act or ask for more documentation than necessary. If you have a POD beneficiary designation or are the surviving joint owner and the bank is delaying, ask to speak with the bank's probate department or manager. Bring the death certificate and your ID, and ask in writing what additional documents they need.
If you are the executor and have court-issued letters but the bank still refuses, contact the bank's legal department in writing and include a copy of the court order. Banks are required to honor valid court documents. If the bank continues to refuse, you may need to consult a probate attorney, though this is rare.
Some banks have internal delays during probate processing. Ask the bank for a timeline and follow up weekly if the process stalls. Banks handle these requests regularly and usually move faster when pressed politely but firmly.
Frequently Asked Questions
Can I withdraw money from my parent's account if I have power of attorney?
No. Power of attorney ends at death. Once the person dies, power of attorney is void, and you have no authority to access the account. You must follow the probate process or rely on a POD beneficiary designation if one exists.
What if the deceased person's will says I should get the money?
The will does not give you the right to withdraw money directly. The will must go through probate, and the court must appoint an executor before anyone can access the account. If you are named executor in the will, you can petition the court for authority, but this takes weeks.
How long does it take to withdraw money from a deceased person's account?
If there is a POD beneficiary or joint owner, one to two weeks. If the estate goes through probate, four to eight weeks for the court to grant authority, plus additional time for the executor to settle debts. Small estate procedures can take two to four weeks.
Can I withdraw money to pay for the funeral before probate is finished?
Some states allow the executor to withdraw funds for funeral expenses before the full probate process is complete, but you must petition the court first. Ask the probate court clerk whether your state allows this and what paperwork is needed.
What if there is no will and no POD beneficiary?
The court appoints an administrator (usually the surviving spouse or oldest adult child) to manage the estate. The administrator must follow the same probate process as an executor and can begin withdrawing money only after receiving court authority.