The bank will not release the money without proof you have the legal right to it
When someone dies, their bank account does not automatically go to the person who needs it most or who was closest to them. The bank freezes the account and waits for legal proof that you have the authority to withdraw or transfer the funds. That proof comes from a court document or, in simpler cases, from the bank's own process for small accounts.
The path you take depends on three things: whether there is a will, how much money is in the account, and what state the person lived in. Some routes take weeks. Others take months. None of them are fast, but understanding which one applies to you means you will not waste time on the wrong paperwork.
Key Takeaways
- The bank will freeze the account when ready after learning of the death and will not release funds without a court order or proof of authority from you.
- If there is a will, the person named as executor in that will has the legal right to claim the account, but must first file the will with the probate court.
- If there is no will, state law decides who can claim the account, usually in this order: spouse, then adult children, then parents, then siblings.
- Many banks offer a simplified process for accounts under a certain amount (often $5,000 to $25,000, varying by state and bank) that skips probate court entirely.
- You will need the death certificate, the account number, and proof of your relationship to the deceased, and the bank will tell you what else they need once you contact them.
What happens to the account when ready after death
The bank learns about the death in one of two ways: someone tells them directly, or they see an obituary or court filing. Once they know, they freeze the account. No one can withdraw money, write checks, or move funds, even if they have a debit card or online access. This freeze protects the account from being emptied before the legal owner is determined.
The freeze stays in place until the bank receives proof that you have the authority to access it. That proof is either a court order from probate court, or a document the bank itself provides called an affidavit of succession or succession affidavit (the name varies by state and bank). The affidavit is a sworn statement that you are the person legally may have access to to the money under state law.
If there is a will: the executor's path
A will names an executor — the person responsible for handling the estate. The executor's job includes claiming the bank account. To do this, the executor must file the will with the probate court in the county where the deceased person lived. The court then issues a document called letters testamentary or letters of administration, which proves the executor has the legal authority to act on behalf of the estate.
The executor brings the letters and the death certificate to the bank. The bank then releases the funds to the executor, who holds them in an estate account while paying debts, taxes, and other claims, then distributes what remains to the people named in the will. This process typically takes two to six months, sometimes longer if the estate is complicated or if there are disputes.
If you are the executor and the will has not been filed yet, contact the probate court in the county where the deceased lived. They will tell you what forms to file and what the filing fee is. Many courts have the forms online, and some allow you to file by mail.
If there is no will: state law decides who can claim it
Without a will, state law determines who has the right to the account. The order is almost always: surviving spouse first, then adult children, then parents, then siblings. Some states add grandchildren or more distant relatives. The person highest on the list for that state has the right to claim the account.
You do not need to go to probate court for this. Instead, you contact the bank directly and ask for their succession affidavit or small estate affidavit. This is a form the bank provides. You fill it out, swear to it in front of a notary public, and bring it to the bank along with the death certificate and proof of your relationship (a birth certificate, marriage certificate, or adoption papers). The bank then releases the funds to you.
The catch is that most banks only offer this simplified process for accounts under a certain amount. That threshold varies — some banks set it at $5,000, others at $25,000 or higher. If the account is larger, you may need to go through probate court even without a will. Call the bank and ask what their threshold is.
How to contact the bank and what to bring
Call the bank's main customer service line and say the account holder has died. They will transfer you to the department that handles deceased accounts — sometimes called estate services or probate services. Have the account number ready, or the deceased person's full name and date of birth.
The bank will tell you what documents they need. In almost all cases, this includes a certified copy of the death certificate. You get this from the vital records office in the county where the person died, not from the funeral home. The funeral home can tell you which office to contact. A certified copy costs $15 to $30 and takes one to two weeks by mail, or you can sometimes pick it up in person the same day.
You will also need to prove your relationship to the deceased. Bring a birth certificate if you are a child, a marriage certificate if you are a spouse, or an adoption decree if you were adopted. If you are claiming under state law (no will), bring proof that you are the highest-priority person — for example, if you are claiming as an adult child, bring your birth certificate and the death certificate of any spouse the deceased had, to show there is no surviving spouse ahead of you.
If the account is small enough for the bank's simplified process, ask for the succession affidavit form. If it is not, ask what probate court documents you need. The bank will tell you whether you need letters testamentary (if there is a will) or letters of administration (if there is not).
The difference between probate and the bank's simplified process
Probate is a court process. You file the will (if there is one) or a petition for administration (if there is not) with the probate court. The court issues an order giving you authority over the estate. This takes time — usually two to six months — and costs filing fees, though the amount varies by county. You may also need to publish a notice in a local newspaper so creditors can make claims against the estate.
The bank's simplified process skips the court. You sign an affidavit swearing that you are may have access to to the money under state law, have it notarized, and bring it to the bank. This takes weeks instead of months and costs only the notary fee (usually $5 to $15) and the death certificate fee. The trade-off is that the bank only offers this for smaller accounts.
If the account is large or if there is a will, you will go through probate. If the account is small and there is no will, you can usually use the bank's affidavit process. Ask the bank which applies to you.
What to do if the account has a beneficiary named
Some bank accounts — particularly savings accounts and money market accounts — allow you to name a payable-on-death or POD beneficiary. If the deceased person named a beneficiary on this account, that person can claim the money directly without going through probate or using a succession affidavit. They straightforward bring the death certificate and proof of identity to the bank, and the bank transfers the funds to them.
You can ask the bank whether a beneficiary is named on the account. If one is, and you are not that person, you have no claim to the account unless the will says otherwise. If there is a will that contradicts the beneficiary designation, the beneficiary still wins — the POD designation overrides the will for that specific account.
Frequently Asked Questions
How long does it take to get the money?
If the account qualifies for the bank's simplified process and there is no will, two to four weeks. If you need probate court, two to six months or longer. The bank can tell you their timeline once you submit the required documents.
What if I need the money right away?
The bank cannot release funds before the legal process is complete. Some banks will advance a small amount for funeral expenses if you ask, but this is not may provide. Contact the bank and explain your situation — they may have options you do not know about.
Do I need a lawyer?
Not always. If there is a will and the estate is straightforward, the executor can usually handle it alone. If there is no will and the account is small, the bank's affidavit process requires no lawyer. If the estate is large or complicated, a lawyer who handles probate can save time and prevent mistakes.
What if there are multiple people with equal claim to the account?
If two adult children are claiming as co-heirs, they must agree on what to do with the money. The bank will not release it until all heirs sign the affidavit or until a probate court order settles the dispute. If you cannot agree, you may need a lawyer.
Can I claim the account if I am not related to the deceased?
Only if you are named in the will or as a POD beneficiary. State law limits who can claim an account without a will to spouses and blood relatives. If you are a friend or caregiver, you have no claim unless the deceased left a will naming you.