You need the death certificate and legal authority to access the account
Banks will not let you touch a deceased person's account without proof of death and proof that you have the right to be there. The death certificate is the first document every bank will ask for. You also need legal authority — either you are named in the will as executor, you have a court order naming you as administrator, or you are the surviving spouse or next of kin and the account is small enough that your state allows you to claim it without going to court.
The process varies sharply depending on the account size, whether there is a will, and which state the person lived in. A joint account with a surviving spouse moves fastest. A large estate with multiple heirs and no will moves slowest. Start by calling the bank where the account was held and asking what documents they need from you specifically — different banks have different requirements, and some have forms designed for this exact situation.
Key Takeaways
- You must present an original or certified death certificate to the bank before they will discuss the account with you.
- If you are the surviving spouse on a joint account, you usually own your half automatically and can access it without court paperwork.
- If there is a will naming you executor, bring a certified copy of the will and the death certificate; the bank will likely ask you to sign an affidavit.
- If there is no will and the account is under a certain size (varies by state, usually $5,000 to $40,000), you may claim it as next of kin without probate court.
- If the account is large or there are multiple heirs, you will need a court order from probate court naming you administrator before the bank will release funds.
Joint accounts and payable-on-death designations move fastest
If the deceased person named you as a joint owner on the account, you own your half of the money outright. The bank will ask for the death certificate, but you should be able to access your portion within days. Bring the death certificate and your ID to the bank branch, or mail them if the bank allows it. Some banks will freeze the account temporarily while they verify the death, then unfreeze your half.
If the account has a payable-on-death (POD) designation — also called a transfer-on-death account — the money goes directly to whoever is named on that form, bypassing the will and probate court entirely. Bring the death certificate and proof of your identity to the bank. The bank will transfer the money to you, usually within one to two weeks. This is the fastest path for any account, regardless of size.
Check the account statements or call the bank to find out whether a POD designation exists. Many people set these up and forget they did, so it is worth asking even if you do not remember one being created.
Executor authority from the will or probate court
If you are named executor in the will, bring a certified copy of the will and the death certificate to the bank. The bank will likely ask you to sign an affidavit — a sworn statement that you are the executor and the will is valid. Some banks have their own affidavit form; others accept a standard one. You do not need to go to court first if the will is clear and the bank accepts your affidavit.
If the bank refuses to accept the will and affidavit, or if there is no will, you will need a court order. File for probate in the county where the person lived. The court will issue a document called Letters of Administration or Letters Testamentary (the name varies by state) naming you as administrator or executor. Bring this court order and the death certificate to the bank. The bank will then let you access the account and move money as needed to pay debts and distribute the estate.
Probate can take two months to a year depending on the state and the complexity of the estate. If the account is small and there is no will, many states let you skip probate court and claim the money as next of kin — see the section below.
Small accounts without a will: claiming as next of kin
Most states have a shortcut for small accounts when there is no will. If the account balance is below a certain threshold — typically $5,000 to $40,000, depending on the state — you can claim it without going to probate court. You will need to prove you are the closest living relative and sign an affidavit stating that you are claiming the account under your state's small estate law.
The process differs by state. Some states let you claim the money by mail with just the death certificate and affidavit. Others require you to go to the bank in person. A few require a court order even for small accounts. Call the bank and ask what your state requires. If the bank does not know, contact the probate court in the county where the person lived — they can tell you the exact threshold and what paperwork you need.
The order of heirs also matters. Spouses come first, then children, then parents, then siblings. If multiple people are equally close (for example, two adult children), the bank may require all of you to sign the affidavit, or they may require a court order to divide the money fairly.
What to bring to the bank
| Your Situation | Documents Needed | Typical Timeline |
|---|---|---|
| Joint account owner | Death certificate, your ID | 3 to 7 days |
| Payable-on-death beneficiary | Death certificate, your ID | 7 to 14 days |
| Executor with will | Certified will, death certificate, your ID, bank affidavit (if required) | 7 to 14 days |
| Next of kin, small account | Death certificate, affidavit of heirship, your ID | 7 to 21 days |
| Administrator with court order | Letters of Administration, death certificate, your ID | 2 to 7 days after court order issued |
Always bring the original death certificate or a certified copy — banks will not accept a photocopy or a digital image. You can order certified copies from the vital records office in the county where the person died. Most states charge $15 to $30 per copy and mail them within one to two weeks. Order several copies at once because you will likely need them for other institutions (insurance companies, investment firms, Social Security).
Frozen accounts and holds
Some banks automatically freeze an account when they learn of a death. This is normal and protects the account from fraud. The freeze usually lasts a few days while the bank verifies the death certificate. You cannot speed this up, but you can ask the bank how long it will take and when you can expect the account to reopen.
If the account is very large or the bank suspects fraud, they may hold it longer. If you need access to money urgently — for example, to pay funeral expenses or ongoing bills — ask the bank whether they can release a portion of the funds while the rest remains frozen. Some banks will do this if you show a legitimate need and provide a court order or executor authority.
If the account is held in probate court as part of the estate, the court may also place a hold. The administrator or executor can ask the court to release funds for necessary expenses like funeral costs or property taxes. This usually takes a few days to a week.
Multiple banks and accounts
If the deceased person had accounts at more than one bank, you will need to contact each one separately. Start by checking recent statements, tax returns, and mail to find all the accounts. Ask family members whether they know of other banks. You can also order a credit report, which sometimes lists financial institutions the person dealt with.
Once you have the list, call each bank with the death certificate and your authority (will, court order, or next-of-kin status). Each bank has its own process and timeline, so do not assume they will all move at the same speed. Some may ask for additional paperwork or verification.
If you cannot find all the accounts, the probate court can help. During probate, the court publishes a notice in the newspaper asking creditors and account holders to come forward. This sometimes surfaces accounts the family did not know about.
Frequently Asked Questions
Can I access the account before the death certificate arrives?
No. Banks require an original or certified death certificate before they will discuss the account or release any funds. You cannot use a photocopy, email, or verbal confirmation. Order certified copies from the vital records office in the county where the person died as soon as possible.
What if the bank says they need a court order and I do not want to go through probate?
Ask the bank whether your state has a small estate law that lets you claim the account without court. If the account is under the threshold and you are the closest heir, you may be able to use an affidavit instead. If the account is too large or the bank still refuses, you will need to file for probate court.
Do I have to pay taxes on money I withdraw from the account?
Not on the withdrawal itself. The estate may owe income tax on interest earned after the person died, and it may owe estate tax if it is very large — but that is separate from accessing the account. Talk to a tax professional or the estate's accountant about what taxes are owed.
What if there are multiple heirs and we disagree about how to split the money?
If there is a will, it controls how the money is divided. If there is no will, state law determines the order of heirs. If multiple heirs are equally close (for example, two adult children), the bank may require all of you to agree in writing, or they may require a court order to divide the account fairly. A probate court can settle disputes if heirs cannot agree.
Can I access the account if I am not related to the deceased?
Only if you are named on the account (joint owner or POD beneficiary) or named in the will as executor. If you are a creditor owed money by the estate, you can file a claim in probate court, but you cannot access the account directly.