The account freezes until the bank is notified of the death
When one person on a joint checking account dies, the bank does not automatically close the account or transfer money. Instead, the account typically stays open but becomes inactive — the surviving account holder can usually still withdraw money, but the bank may freeze it once they learn of the death. The exact timing depends on whether the bank finds out when ready or weeks later.
Most banks discover a death when the surviving account holder calls to report it, or when a family member contacts the bank with a death certificate. Some banks also learn through obituaries or credit reporting. Once the bank knows, they will ask for a certified copy of the death certificate and may place a temporary hold on the account while they figure out what happens next.
Key Takeaways
- The surviving account holder can usually keep using the account after the death, but the bank may freeze it once notified.
- The bank will ask for a certified copy of the death certificate before releasing any money or closing the account.
- If the account was set up as "joint tenants with rights of survivorship," the surviving owner typically keeps the full balance without going through probate.
- If the account was set up as "tenants in common," the deceased person's share becomes part of their estate and may go through probate.
- You should contact the bank within days of the death to report it and ask what documents they need.
How the account ownership type determines what happens next
The way the account was originally set up — the ownership structure — determines who gets the money. When you open a joint account, the bank asks you to choose between two main structures, though the exact names vary by bank.
Joint tenants with rights of survivorship is the most common setup for spouses and family members. With this structure, when one owner dies, their share automatically passes to the surviving owner outside of probate (the court process that handles a person's property after death). The surviving owner straightforward provides the death certificate and keeps the account. This is the fastest and simplest path.
Tenants in common means each owner has a separate, defined share of the account. If the account held $10,000 and was split 50-50, each person's $5,000 is their own property. When one owner dies, their $5,000 becomes part of their estate and goes through probate, even though the other owner is still alive. The surviving owner cannot touch the deceased person's share without a court order.
You can find out which structure your account has by calling the bank or checking your account paperwork. The bank statement or account agreement should say "JTWROS" or "joint tenants with rights of survivorship," or it will say "tenants in common." If you are unsure, ask the bank directly — they can tell you in one call.
What the surviving account holder can and cannot do
If you are the surviving account holder, you can usually continue to use the account for your own expenses while the bank processes the death. You can withdraw money, pay bills from the account, and receive direct deposits. The bank does not typically freeze the account when ready just because one owner has died.
However, once you notify the bank of the death, they may place a hold on large withdrawals or transfers until they receive the death certificate and confirm the account structure. This hold usually lasts a few days to a week. Some banks will let you withdraw a small amount for funeral expenses or when ready living costs even during the hold.
You cannot use the account to pay the deceased person's debts or medical bills unless you are the executor of their estate (the person named in their will to handle their property). If creditors contact you about the deceased person's debts, you are not responsible for them just because you shared a checking account — the debts come from the estate, not from you personally.
Steps to take when ready after the death
Call the bank as soon as you can, ideally within one to three days. Tell them that one of the account owners has died and ask what they need from you. Have the deceased person's full name, Social Security number, and the account number ready when you call.
The bank will ask you to send or bring in a certified copy of the death certificate. This is an official copy issued by the county vital records office or the funeral home — not a photocopy or a copy from an obituary. You will need at least one certified copy, though some banks ask for two or three. You can order extra copies when you first get the death certificate, as you will likely need them for other institutions as well.
Ask the bank whether the account will be closed or whether you can keep it open under your name alone. If the account was set up as joint tenants with rights of survivorship, you can usually keep the account open with no changes. If it was tenants in common, the bank may require you to wait for probate to finish before they release the deceased person's share.
When the account goes through probate
If the account was set up as tenants in common, or if the deceased person left a will that names someone else as the beneficiary of their share, the account will go through probate. Probate is a court process where a judge oversees the distribution of the person's property according to their will or state law.
During probate, the account may be frozen entirely — neither the surviving account holder nor anyone else can withdraw from it. The executor of the estate (usually named in the will) will need to go to court, get an order, and then work with the bank to release the funds. This process typically takes two to six months, though it can take longer if there are disputes or complications.
If there is no will, state law determines who inherits the deceased person's share. The surviving account holder may inherit it, or it may go to children, parents, or other relatives depending on the state. The executor or a family member will need to start the probate process to find out for certain.
Taxes and the deceased person's final return
The money in a joint account is not automatically taxable to the surviving owner just because the account holder died. However, if the account earned interest or had other income, that income must be reported on the deceased person's final tax return.
The executor or the person handling the deceased person's affairs will need to file a final income tax return for the year of death, reporting any interest the account earned. If the account had a very large balance, there may also be estate taxes owed, though this depends on the total value of everything the person owned and the state they lived in.
You do not need to worry about these taxes yourself unless you are the executor. If you are, you may want to speak with a tax professional or the IRS about what forms to file and when.
Frequently Asked Questions
Can I withdraw money from the account before I tell the bank about the death?
Yes. The bank has no way to know the account holder has died unless you tell them. However, once you notify the bank, they may freeze the account temporarily. If you need money for funeral expenses or when ready bills, it is better to withdraw it before you call the bank, or to ask the bank about a hardship withdrawal when you do call.
What if the account was in both our names but I paid for everything in it?
The account ownership structure, not who paid for the money, determines what happens. If it was set up as joint tenants with rights of survivorship, the surviving owner gets the full balance regardless of who contributed. If it was tenants in common, the deceased person's share goes through their estate even if you paid for it all. You may be able to make a claim against the estate later, but that requires a lawyer.
Do I have to close the account, or can I keep it open?
You can usually keep the account open if you were a joint owner and the account was set up as joint tenants with rights of survivorship. The bank may ask you to remove the deceased person's name from the account, but the account itself can stay active. If the account was tenants in common, the bank may require you to close it and open a new one in your name alone once probate is finished.
What if there is a lot of money in the account and I am worried about taxes?
Large account balances do not automatically trigger taxes on the surviving owner. However, if the total value of everything the deceased person owned is very large, there may be estate taxes owed. This depends on the state and the total estate value. If you think this might explore, speak with a tax professional or the executor of the estate.
Can creditors take money from the joint account to pay the deceased person's debts?
Creditors cannot take money from a joint account that is in your name as a surviving owner. The deceased person's debts are paid from their estate, not from joint accounts. However, if the account was set up as tenants in common, the creditors may be able to claim the deceased person's share during probate.