The bank will not release funds without proof of authority
When someone dies, their bank account does not automatically transfer to family members or heirs. The bank freezes the account once it learns of the death, and money stays frozen until someone with legal authority makes a claim. That authority comes from a will, a court order, or state law — depending on the account size and whether the person left a will.
The person who claims the account is usually the executor named in the will, or an administrator appointed by the probate court if there was no will. If the account is small and the state allows it, a family member may be able to claim it directly without going to court. The bank will tell you which path applies once you contact them with a death certificate.
Start by calling the bank's customer service line or visiting a branch in person with the death certificate. Ask to speak with someone in the estate or probate department — they handle these claims every day and can tell you exactly what documents the bank needs from you.
Key Takeaways
- Banks freeze accounts when notified of a death and will not release funds without legal proof you have authority to claim them.
- The path to claim the money depends on whether there is a will, the account balance, and your state's rules for small estates.
- You will need the death certificate, proof of your identity, and usually a court order or will — the bank tells you which documents they need.
- If the account is very small, your state may allow you to claim it without probate court, but you must ask the bank whether this option is available.
- The process typically takes weeks to months once you have the required documents, because banks verify the court order and process the transfer carefully.
What the bank needs to release the money
Every bank has a standard list of documents they require before releasing funds from a deceased person's account. At minimum, you will need an official death certificate — not a photocopy, and not a funeral home's version. Most banks accept a certified copy issued by the vital records office in the county where the person died. You can order this online, by mail, or in person from that office; it usually costs $10 to $30 and takes one to two weeks.
You will also need to prove your own identity with a government-issued ID and show that you have legal authority to claim the account. If you are the executor named in the will, bring the will itself plus a document from the probate court saying you are officially appointed. If there is no will, you will need a court order naming you as administrator, or a document from the court saying the estate is small enough to skip probate.
Some banks also ask for a tax ID number for the estate, a letter from an attorney, or a certified copy of the court order — not just the original. Call the bank's estate department before you gather documents and ask them to send you a written list of what they need. This saves you a trip back to the courthouse or attorney's office.
Small estate claims that skip probate court
If the account balance is below a certain amount, your state may let you claim it without filing in probate court. The threshold varies widely — some states set it at $5,000, others at $15,000 or higher. A few states have no dollar limit but require you to wait a set number of days after death before claiming.
To use this route, you typically fill out a form called an affidavit or declaration, swear under oath that you are may have access to to the money, and give it to the bank. The bank then releases the funds directly to you or to the estate. You do not need a lawyer for this, and the process is faster than probate — usually a few weeks instead of several months.
The catch is that you must meet your state's specific rules. Some states require you to be a spouse or child; others let any heir claim. Some require you to wait 30 or 45 days after death before submitting the form. Contact your state's probate court or the bank's estate department to find out whether this option is open to you, and ask them to send you the form you need to fill out.
Going through probate court when the estate is large
If the account is large or your state does not allow small estate claims, you will need a court order from the probate court. This is the formal process where a judge appoints you as executor or administrator and gives you authority to collect the deceased person's assets.
The steps are: file a petition with the probate court in the county where the person lived, provide notice to heirs and creditors (rules vary by state), attend a hearing if required, and receive a court order. Once you have the order, you give it to the bank along with the death certificate and your ID, and the bank releases the funds to the estate account.
This process takes two to six months on average, depending on the state and whether anyone contests the will. If you hire a probate attorney, they handle the paperwork and court filings; if you do it yourself, you can file the forms without a lawyer in most states, though the court clerk can only answer procedural questions, not legal ones. The probate court's website for your county has the forms and filing fees, which usually range from $200 to $500.
Joint accounts and accounts with a named beneficiary
If the deceased person owned the account jointly with someone else, or named a beneficiary on the account, the money may transfer automatically without going through probate. Joint accounts typically pass to the surviving joint owner by operation of law — the bank transfers the balance once you show them the death certificate and proof of your identity as the surviving owner.
Accounts with a named beneficiary (sometimes called payable-on-death or POD accounts) work the same way. The bank pays the named beneficiary directly. You will need the death certificate and your ID, but not a court order. This is the fastest route and usually takes one to two weeks.
However, if the account is held in the deceased person's name alone, or if you are not the joint owner or named beneficiary, you cannot use this shortcut. You will need to follow the small estate or probate process described above.
What happens if the bank does not know the person died
Some accounts stay open for years after death because the bank never learns that the account holder has died. This happens when no one notifies the bank, or when the person had very little activity on the account. If you discover an account like this, you can still claim it — the bank will freeze it once you provide the death certificate, and then you follow the same process as any other deceased account claim.
If the account has been dormant for many years, the state may have transferred the money to the unclaimed property program. This is a state-run fund that holds money from accounts, insurance policies, and other sources when the owner cannot be found. You can search for unclaimed property through the National Association of Unclaimed Property Administrators (NAUPA) website, which links to each state's program. If the money is there, you file a claim with the state instead of the bank.
Debts and taxes the estate may owe
Before the bank releases funds, you should know that the estate may owe debts or taxes. If the deceased person had credit card balances, medical bills, or a mortgage, creditors can make claims against the estate. Federal and state income taxes may also be owed. The money in the bank account can be used to pay these debts before heirs receive anything.
As executor or administrator, you are responsible for notifying creditors and paying legitimate claims. If you release funds to yourself or heirs without paying debts first, creditors can sue you personally. The probate court process includes a period for creditors to file claims, which protects you. If you are using the small estate process, ask the bank or court whether you need to publish a notice to creditors or wait a set number of days before claiming the money.
If the estate owes federal taxes, the IRS may place a lien on the account, which means the bank will not release funds until the tax debt is resolved. Contact the IRS or a tax professional if you think this applies.
Frequently Asked Questions
How long does it take to get money from a deceased person's bank account?
If the account is jointly owned or has a named beneficiary, the bank usually transfers the money within one to two weeks of receiving the death certificate. If you need a court order, the process takes two to six months depending on your state and whether anyone contests the will. Small estate claims without probate typically take three to eight weeks.
Can I access the account before getting a court order?
No. The bank will not let you withdraw money or move funds without proof of authority. If you need money urgently for funeral expenses or to pay bills, you may be able to ask the probate court for an emergency order to release funds, but this is rare and requires a judge's approval.
What if there is no will and I do not know who the heirs are?
The probate court will determine who the heirs are based on your state's intestacy laws, which set an order of priority (usually spouse, then children, then parents, then siblings). You file a petition with the court, and the court notifies all potential heirs. The court then appoints an administrator and oversees the distribution.
Do I need a lawyer to claim the account?
For small estates or joint accounts, no. You can handle it yourself with the bank and the forms they provide. For probate court, you can file the forms yourself in most states without a lawyer, though an attorney can speed up the process and handle complications. Many probate attorneys charge a flat fee for simple estates.
What if the bank says the account is too old to access?
Banks do not have a time limit on releasing funds from deceased accounts, but very old accounts may have been transferred to the state's unclaimed property program. Search your state's unclaimed property database through NAUPA. If the money is there, file a claim with the state using the same documents you would give the bank.