The account freezes when the bank learns of the death
When a bank is notified that one owner of a joint checking account has died, the account is typically frozen immediately. The surviving owner cannot withdraw money, write checks, or make transfers until the bank completes its verification process and determines who has the legal right to the funds. This freeze can last anywhere from a few days to several weeks, depending on how quickly the bank processes the death notification and what documents it requires.
The bank's freeze is not punishment—it is a legal protection. The bank needs to confirm the death, identify the surviving owner, and determine whether there are competing claims on the money (such as from creditors, taxes owed by the deceased, or a will that names different beneficiaries). Until the bank has this information, it cannot safely release the funds to anyone.
You do not have to wait for a formal probate process to begin before notifying the bank. In fact, notifying the bank quickly is usually the fastest way to get the account unfrozen and access restored. Call the bank's customer service line, ask to speak with someone in the deceased account holder's department, and have the death certificate ready or be prepared to provide the deceased person's full name, date of birth, and account number.
Key Takeaways
- The surviving owner cannot access the account once the bank learns of the death, even if the account was jointly owned with rights of survivorship.
- The bank will ask for a certified copy of the death certificate and may require the surviving owner to sign an affidavit confirming their identity and relationship to the deceased.
- If the account had rights of survivorship, the surviving owner typically regains full access within one to three weeks after providing the death certificate.
- If the account did not have survivorship rights, or if there is a will that names a different beneficiary, the funds may be held until probate is complete or competing claims are resolved.
- Any outstanding checks or automatic payments from the account may bounce after the death, so notify the bank immediately and contact anyone who regularly receives payments from that account.
How survivorship rights determine who gets the money
Most joint checking accounts are set up with rights of survivorship, which means that when one owner dies, the surviving owner automatically becomes the sole owner of all the money in the account. The account does not go through probate, and the surviving owner does not have to share the funds with the deceased person's other heirs or creditors (with limited exceptions for taxes and certain debts).
However, not all joint accounts have survivorship rights. Some are set up as tenants in common, which means each owner's share of the account is part of their estate and must go through probate. If the account was a tenants-in-common account, the surviving owner can only access their own share. The deceased owner's share goes to whoever is named in their will, or to their heirs under state law if there is no will. This process can take months or longer.
You can find out which type of account you have by looking at the account paperwork or calling the bank and asking directly. The bank's records will show whether survivorship was selected when the account was opened. If you are unsure and the account is now frozen, tell the bank you need to know the account structure so you can understand what happens next.
What you need to provide to the bank
The bank will ask for a certified copy of the death certificate. This is not the same as a photocopy or a document you print from an online service. A certified copy is an official document issued by the county or state vital records office where the death was registered. You can order it from the vital records office in the county where the person died, and it usually costs between $10 and $30 per copy. Order at least three copies—you will likely need one for the bank, one for the deceased person's employer or insurance company, and one for tax purposes.
The bank may also ask you to sign an affidavit or declaration stating that you are the surviving account owner, that you have the right to access the account, and that you are not aware of any competing claims. Some banks have a standard form for this; others will accept a notarized letter. If the bank asks for a notarized document, you can have it prepared at most banks (often for free if you are a customer), at a notary public's office, or sometimes at a UPS Store or similar location.
If the account had a large balance or if there are complications (such as a will that names a different beneficiary, or creditors making claims), the bank may ask for additional documents, such as a copy of the will, a letter from an executor or administrator, or a court order. Ask the bank upfront what it needs so you can gather everything at once rather than making multiple trips or phone calls.
Automatic payments and checks after death
Any checks written by the deceased owner before their death but not yet cashed may still clear the account after the death. The bank will honor checks that were issued before the death, even if they are deposited or cashed after. However, checks written after the death should not be honored by the bank, and if they are, the bank may reverse them once it learns of the death.
Automatic payments set up on the account—such as utility bills, insurance premiums, or loan payments—will continue to process until the bank freezes the account. Once frozen, these payments will bounce, and the companies receiving them will send notices to the account holder. You should contact each company that has automatic payments set up and either cancel the payments or update them to a different account. If you do not do this quickly, you may face late fees or service interruptions.
If the deceased person was receiving automatic deposits (such as Social Security or a pension), notify the organization sending the money as soon as possible. They will stop the deposits once they learn of the death, but if deposits continue after the death, you may be required to return the money. It is better to notify them yourself than to wait for them to find out through other channels.
Taxes and debts owed by the deceased
The surviving owner of a joint account with survivorship rights generally keeps the full balance and does not have to use it to pay the deceased person's debts or taxes. However, there are exceptions. If the deceased person owed federal income taxes, the IRS can place a tax lien on the account, which means the bank may be required to hold some or all of the funds until the tax debt is resolved. State tax agencies can do the same for state income taxes.
Additionally, if the deceased person received benefits such as Medicaid or SSI (Supplemental Security Income), the state may try to recover some of those benefits from the estate. If the joint account is considered part of the estate, the state may claim a portion of the funds. This is called estate recovery, and the rules vary by state.
The surviving owner should consult with the deceased person's tax preparer or an estate attorney if there are significant debts or if the deceased person received means-tested benefits. These professionals can advise on what the surviving owner is legally required to pay and what protections may apply.
If the account did not have survivorship rights
If the account was set up as tenants in common, or if the bank's records do not show survivorship rights, the surviving owner cannot simply take all the money. Instead, the account will likely be frozen until probate is complete or until the bank receives a court order showing who has the right to the funds.
In this situation, the surviving owner should contact the deceased person's executor or administrator (the person named in the will to handle the estate). The executor can petition the court for authority to access the account and distribute the funds according to the will or state law. This process typically takes several months and may require the surviving owner to prove their claim to the funds in court.
If there is no will, the surviving owner can still petition the court to be named as administrator of the estate, but this is more complicated and usually requires an attorney. Some states have simplified procedures for small estates that do not require a full probate, but the threshold varies—some states allow simplified probate for estates under $10,000, while others allow it for estates under $100,000 or more.
Access to funds while the account is frozen
If you need money from the account to pay for the deceased person's funeral, medical bills, or other immediate expenses, you can ask the bank for an emergency withdrawal. Some banks will release a limited amount of funds (such as $500 to $5,000) to the surviving owner before the full account is unfrozen, especially if you can show that the funds are needed for funeral or medical expenses. This is not may provide, and the bank may require documentation of the expenses.
Another option is to ask the bank whether it will allow you to access your own funds if you can prove that part of the account belonged to you before the death. For example, if you deposited money into the account before the death and can show the deposit records, the bank may release that portion to you while holding the rest. This is not common, but it is worth asking about if you have a clear record of your own contributions.
If the account is frozen for an extended period and you have significant expenses, consult an estate attorney. In some cases, an attorney can petition the court for an order allowing the bank to release funds for necessary expenses while the probate process is ongoing.
Frequently Asked Questions
Can creditors take money from a joint account after someone dies?
Creditors of the deceased person generally cannot take money from a joint account with survivorship rights, because the surviving owner becomes the sole owner and the funds are not part of the deceased person's estate. However, the IRS and state tax agencies can place liens on the account if the deceased person owed taxes. Creditors of the surviving owner can always pursue the surviving owner's share of the account.
What if I was on the account but did not know the person was going to die?
It does not matter whether you expected the death or not. If you are listed as a joint owner with survivorship rights, you have the legal right to the account. However, you will still need to provide the death certificate and follow the bank's verification process before you can access the funds.
How long does it take to get access to the account after providing the death certificate?
Most banks will restore access within one to three weeks after receiving a certified death certificate and any other required documents. Some banks are faster, especially if the account is straightforward and there are no complications. Call the bank regularly to check on the status and ask what else they need from you.
What if there is a will that says the money should go to someone else?
If the account has survivorship rights, the will does not override those rights—the surviving owner gets the account regardless of what the will says. If the account does not have survivorship rights, or if it was set up as tenants in common, the will controls who gets the deceased person's share, and the account will be held until probate is complete.
Do I have to report the joint account to probate court?
If the account has survivorship rights, you generally do not have to report it to the probate court because it is not part of the estate. However, if the account does not have survivorship rights, or if the deceased person's estate is going through probate for other reasons, you should disclose the account to the executor or the court.