You cannot use a deceased person's bank account unless you are the executor, power of attorney, or joint account holder—and even then, only for specific purposes.
The moment someone dies, their bank account becomes part of their estate. The bank freezes it to prevent fraud and to protect the account holder's assets while their will is being processed. You cannot withdraw money, pay bills from it, or transfer funds just because you need access—even if you are a family member or caregiver.
What you can do depends on your legal relationship to the account and the account type. A joint account holder can sometimes access funds when ready. An executor named in the will can access the account to pay debts and distribute assets, but only after the court recognizes their authority. A power of attorney becomes invalid the moment the person dies, so that document no longer gives you any rights.
Key Takeaways
- Banks freeze accounts when they learn of a death, and you cannot withdraw money without legal authority—even as a spouse or adult child.
- Joint account holders with rights of survivorship can usually access their portion when ready, but this varies by bank and state.
- An executor must present the death certificate and often a court order (letters testamentary) before the bank will release funds to pay debts or distribute the estate.
- A power of attorney document becomes void at death and gives you no access to the account.
- Payable-on-death (POD) accounts and transfer-on-death (TOD) accounts bypass probate and go directly to the named beneficiary, usually within weeks.
Joint Account Holders and Rights of Survivorship
If you are a joint account holder with rights of survivorship, you may be able to access the account without probate. This means the account automatically passes to you when the other owner dies. However, the bank must be notified of the death, and you will need to present a death certificate. Some banks allow joint holders to withdraw funds when ready; others freeze the account for a set period (often 10 to 30 days) to check for disputes or claims against the estate.
The key word is "survivorship." Not all joint accounts have this feature. Some are set up as "tenants in common," which means your share goes into the estate and must go through probate, not to you automatically. You can call the bank and ask which type of account it is, or check the original account paperwork. If you are unsure, bring the death certificate to the bank and ask them to explain what happens to your portion.
If the account is a joint account without survivorship rights, you cannot access it without going through probate, even though your name is on it.
What an Executor Can Do
An executor is the person named in the will to manage the estate. Once the court issues letters testamentary (a document that proves the executor's authority), the executor can access the account to pay funeral costs, outstanding debts, taxes, and estate expenses. The executor then distributes what remains to the heirs according to the will.
To access the account as executor, you will need to present the death certificate, the will, and the letters testamentary to the bank. The bank will verify these documents and may require additional paperwork. This process usually takes two to four weeks after the court issues the letters, though some banks move faster. During this time, the account remains frozen.
An executor cannot use the account for personal expenses or to pay debts that are not the deceased person's responsibility. If you withdraw money for yourself, you can be held personally liable and may face legal action from the heirs.
Payable-on-Death and Transfer-on-Death Accounts
Some bank accounts are set up with a payable-on-death (POD) designation or a transfer-on-death (TOD) designation. These accounts name a beneficiary who receives the money directly when the account holder dies, without going through probate. The beneficiary straightforward presents the death certificate to the bank and can usually access the funds within one to three weeks.
If the deceased person set up the account this way, check the account paperwork or call the bank to see if a POD or TOD beneficiary is named. If you are that beneficiary, you have a much faster path than an executor would. If no beneficiary is named, or if you are not the named beneficiary, the account goes into the estate and must be handled by the executor.
POD and TOD accounts are common for savings accounts, money market accounts, and some checking accounts. Not all banks offer them, and not all account types support the feature, so ask the bank directly.
When There Is No Will or Executor
If the person died without a will, or if no executor has been named or is willing to serve, the court will appoint an administrator to manage the estate. The process is similar: the administrator must get court approval, present documents to the bank, and then can access the account.
This process takes longer than when a will and executor are already in place, often three to six months or more depending on the state and the complexity of the estate. During this time, the account remains frozen. If there are urgent bills to pay (like a mortgage or property taxes), you may be able to ask the court for permission to access funds before the full probate process is complete, but this requires filing a motion and getting a judge's approval.
Accounts with No Beneficiary and No Will
If the account has no POD or TOD beneficiary and there is no will, the money goes to the deceased person's heirs according to your state's intestacy laws. These laws determine who inherits when there is no will—usually a spouse first, then children, then parents, then siblings, in that order.
Even if you are an heir, you cannot access the account without court involvement. You will need to go through probate or a simplified process (if your state offers one for small estates). The court will determine who the heirs are, and the administrator or executor will distribute the money accordingly.
What Happens If You Access the Account Without Authority
Withdrawing money from a deceased person's account without legal authority is theft, even if you are a family member. Banks have fraud detection systems and will flag unusual activity after a death. If you withdraw funds, the bank may freeze the account, report the activity to law enforcement, or pursue civil action against you. The other heirs can also sue you to recover the money.
If you need money urgently and the account is frozen, talk to the executor or administrator about your situation. Some courts will allow early distributions for hardship, or the executor may have the authority to advance funds to cover necessary expenses. This is a legal path that protects you and the estate.
Frequently Asked Questions
Can I use the deceased person's account to pay their funeral or medical bills?
Only if you are the executor with court approval, a joint account holder with survivorship rights, or the named beneficiary on a POD account. Otherwise, you will need to pay these bills yourself and then seek reimbursement from the estate. Some funeral homes will wait for probate to be completed before collecting payment.
What if I am a spouse and the account is in their name only?
Being a spouse does not automatically give you access. If the account has a POD beneficiary named as you, you can access it directly. If not, you will go through probate as an heir, and you may be able to serve as executor if there is a will. Some states have simplified probate for surviving spouses with small estates.
How long does it take to access a deceased person's bank account?
If it is a joint account with survivorship or a POD account, usually one to three weeks. If it requires probate, two to six months or longer, depending on the state and whether anyone contests the will. Some banks move faster than others.
Can a power of attorney access the account after death?
No. A power of attorney document becomes void the moment the person dies. The agent named in the document has no authority after that point. Only an executor, administrator, or joint account holder with survivorship can access the account.
What if the account is overdrawn or has a negative balance?
The executor or administrator is responsible for paying the debt from the estate's assets before distributing money to heirs. If there are not enough assets to cover all debts, some creditors may not be paid in full. Heirs do not inherit the debt itself—only the remaining assets after debts are paid.