The executor can access the account, but only after proving their authority to the bank

An executor cannot walk into a bank and withdraw money from a dead person's checking account just by saying they are the executor. The bank will require legal proof that you have the authority to act on the account. That proof is usually a certified copy of the death certificate plus the will or a court order naming you as executor. Some banks also require an affidavit of authority — a sworn statement that you are the executor — or a letter from the probate court.

The exact documents the bank wants depend on the account size, the state where the person died, and the bank's own policy. A small account at a local bank might move faster than a large account at a national chain. The bank's trust or estate department — not the regular teller line — handles these requests, and they can take weeks to process.

If the account is still in probate (the court process that validates the will), you may not be able to withdraw money for personal use yet. You can usually pay the deceased's bills, funeral costs, and taxes from the account, but distributing money to heirs typically has to wait until the probate court says it is okay.

Key Takeaways

  • The bank will not let you access the account without a certified death certificate and proof you are the executor, such as a copy of the will or a court order.
  • Some banks require an affidavit of authority or a letter from probate court in addition to the death certificate.
  • You can usually pay funeral costs, bills, and taxes from the account right away, but distributing money to heirs may have to wait for probate court approval.
  • Contact the bank's trust or estate department, not the regular customer service line, to start the process of accessing the account.
  • The timeline varies by bank and account size, but expect the process to take several weeks.

What documents you need to bring to the bank

Start with a certified copy of the death certificate. This is not the same as a photocopy — the bank needs an official certified copy issued by the vital records office in the county where the person died. You can order this from the county clerk or the state vital records office. Most banks want at least one certified copy, and some want two or three.

Next, bring proof that you are the executor. If there is a will, bring a certified copy of the will itself. If the person died without a will (called dying intestate), you will need a court order naming you as administrator or executor. This order comes from the probate court in the county where the person lived. If probate has not started yet, you may need to file a petition with the court first before the bank will recognize your authority.

Many banks also ask for an affidavit of authority — a sworn statement signed in front of a notary public that says you are the executor and have the right to access the account. Some banks provide their own form for this; others accept a generic one. Ask the bank which form they want before you have it notarized.

A few banks will accept a letter from the probate court instead of all these documents, but this is less common. Call the bank's trust or estate department first to ask exactly what they need. Do not assume all branches of the same bank have the same rules — policies can vary by location.

How to contact the bank and start the process

Do not go to a regular branch and ask a teller. Call or visit the bank's trust department, estate services department, or probate services department — the name varies by bank. This team handles deceased account holders and knows what documents they need. If you cannot find the right department online, call the main customer service number and ask to be transferred to whoever handles estates or deceased accounts.

When you call, have the account number and the deceased person's full name ready. Tell them the person has died and you are the executor. Ask them for a list of all documents they need and whether they want originals or certified copies. Some banks will email you a checklist. Others will tell you to mail everything in or bring it to a specific branch.

After you submit the documents, the bank will verify them — this can take two to four weeks. During this time, the account is usually frozen, meaning no one can withdraw money or make transfers. Once the bank confirms your authority, they will give you access. You may get a new debit card, online access, or the ability to write checks, depending on what you need to do.

What you can and cannot do with the account before probate ends

Once you have access, you can pay certain expenses directly from the account without waiting for probate to finish. These include funeral and burial costs, the cost of a headstone, reasonable medical bills from the final illness, and property taxes. You can also pay the deceased's debts — credit card bills, mortgage, utilities — if the estate has enough money. These are called priority expenses, and most states let the executor pay them right away.

You can also pay yourself a reasonable fee for serving as executor, though the amount varies by state and by what the will says. Some executors charge a percentage of the estate; others charge an hourly rate. Check your state's law or ask the probate court what is reasonable in your area.

What you usually cannot do is distribute money to the heirs (called beneficiaries) until the probate court gives permission. This happens at the end of probate, after all debts and taxes are paid and all claims against the estate are resolved. If you distribute money too early and the estate runs short, you may have to pay the difference out of your own pocket.

If the account is very small — some states set the threshold at $5,000 or $10,000 — you may be able to skip probate entirely and access the money through a simpler process called a small estate affidavit or summary probate. Ask the probate court in your county whether this applies to you.

What happens if the account is joint or has a payable-on-death designation

If the deceased person had a joint account with someone else, the other person usually owns their share automatically and does not need the executor's permission to access it. The bank may still want a death certificate to remove the deceased person's name, but the surviving joint owner can keep using the account right away. This is called right of survivorship, and it bypasses probate.

If the account has a payable-on-death (POD) designation — also called a transfer-on-death account — the money goes directly to whoever the deceased person named as the POD beneficiary. The executor does not control this money. The POD beneficiary can claim it by showing the bank a death certificate and proof of their identity. This also bypasses probate and happens much faster than going through the executor.

Check the account paperwork to see if either of these applies. If the account is joint or has a POD, you may not need to access it as executor at all. The money will go to the other owner or the named beneficiary automatically.

What to do if the bank refuses to give you access

If the bank says your documents are not enough, ask them in writing what additional documents they need. Some banks have strict policies that require more than the law actually demands. If they keep refusing, you have a few options.

First, try a different branch or call the bank's main office. Sometimes local branches have outdated information, and the main trust department can override them. Second, contact your state's banking regulator — usually the state attorney general's office or the state banking commissioner. They can pressure the bank to follow the law. Third, ask the probate court to issue an order forcing the bank to give you access. This is called a court order to compel, and it usually works, but it costs money and takes time.

If the bank is truly being unreasonable, you can also ask the probate court to appoint a different executor or to let you access the account directly without going through the bank's process. This is rare, but it is an option if you are stuck.

Frequently Asked Questions

Can I access the account before I file for probate?

Not usually. Most banks will not give you access without proof from the probate court that you are the executor. However, some banks will let you pay funeral costs or final medical bills from the account even before probate is official, if you show them the death certificate and a copy of the will. Call the bank and ask what they will allow.

What if there is no will?

You will need a court order from the probate court naming you as administrator (the title used when there is no will). File a petition with the probate court in the county where the person lived, and the court will issue the order. Then bring that order to the bank along with the death certificate.

How long does it take for the bank to give me access?

Most banks take two to four weeks after you submit all the required documents. Some take longer if the account is large or if the bank is slow. Call the bank's estate department every week or two to check on the status.

Can I withdraw money for myself as the executor?

You can take a fee for serving as executor, but the amount must be reasonable and allowed by state law or the will. You cannot take money for yourself as a beneficiary until probate ends and the court says you can. If you are also an heir, you will receive your share at the end of probate, not before.

What if the account has a large balance and the bank suspects fraud?

The bank may freeze the account longer or ask for extra documents if the balance is very large or if something looks suspicious. This is rare, but it can happen. Be patient and provide whatever documents the bank asks for. If you believe the bank is acting in bad faith, contact your state's banking regulator.