Understand what’s involved in claiming a bank account when someone dies — and ensure you receive the money they intended to leave you. A probate attorney can help when questions or complications arise.
You may be entitled to funds in a deceased person’s bank account, but that doesn’t mean the bank will automatically release them to you. In most cases, immediate access is only possible if you are named as a beneficiary or joint owner on the account.
If you are neither, you will generally need to wait for the funds to be distributed by the executor/administrator at the conclusion of probate, or by the trustee if the account was held in a trust.
In summary:
- If a beneficiary is designated on a bank account, they can generally claim the contents directly from the bank upon the account holder’s death. However, the bank may require the beneficiary to fill out certain forms, which could take time to process.
- If a deceased person jointly owned a bank account with one or more individuals, the surviving account holder(s) can continue accessing the funds without interruption. They automatically gain ownership of the deceased owner’s share.
- If there is no beneficiary on a bank account, the executor/administrator or trustee generally distributes the account according to the deceased person’s will or trust, or applicable laws.
Regardless of your situation, working closely with a probate attorney after a loved one’s death is strongly recommended. Your attorney can help clarify the process for claiming a deceased’s bank accounts, as well as take steps to protect your inheritance.
Interested in learning about how non-cash assets are transferred after death? Read our article: What Happens to Property When Someone Dies?
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What Is a Pay-on-Death Bank Account?
A pay-on-death (POD) bank account allows funds to be paid directly to the beneficiary or beneficiaries named on the account after the account owner’s death.
POD bank account rules require beneficiaries to formally claim the account with the bank before the funds are released. In other words, the transfer does not happen automatically.
It’s also important to note that a bank account is only considered payable on death if the account holder completed the required beneficiary designation forms — sometimes referred to as Totten trusts — during their lifetime.
What Is a Beneficiary on a Bank Account?
A beneficiary on a bank account is an individual the account holder designated to inherit the funds in their account after their passing.
Do All Bank Accounts Have Beneficiaries?
Bank accounts do not always have designated beneficiaries. In fact, many account holders aren’t aware that naming a beneficiary is even an option.
When no beneficiary is named, the bank account is typically distributed to beneficiaries according to the deceased person’s will or trust. If there is no will or trust, the account is generally distributed to the deceased person’s heirs in accordance with California intestate succession laws.
How to Find Out if You Are a Beneficiary on a Bank Account
To find out if you are a beneficiary on a bank account, you will typically need to show proof of your identity and documentation confirming the account holder’s death to the bank.
If the bank verifies both the account holder’s passing and your beneficiary status, it will begin the process of releasing the funds to you. If you are not named as a beneficiary, the bank will decline to release the funds.
When beneficiary information isn’t readily available, a good place to start is asking the executor/administrator of the estate, the trustee of the trust or close relatives of the deceased person.
What Happens to a Bank Account When Someone Dies?
When someone dies, what happens to their bank account generally depends on two key factors: whether the account is jointly owned and whether a beneficiary is designated.
If the account is jointly owned, the surviving joint owner(s) can continue accessing the account as usual and typically assume full ownership of the deceased person’s share automatically. If a beneficiary is designated, that person can usually claim the account directly from the bank.
If no beneficiary is named, the deceased person’s estate planning documents must typically be reviewed to determine who has authority to claim the account.
When an account is part of the deceased person’s probate or intestate estate, only the executor or administrator generally has the authority to claim it. If the account belongs to a trust, that authority rests with the trustee.
That said, executors/administrators and trustees must proceed carefully. While they may have the authority to access the account, they do not have unrestricted permission to use the funds. Instead, the money must be distributed to beneficiaries or heirs in accordance with the governing documents or applicable intestate succession laws.
Do Bank Accounts With Beneficiaries Have to Go Through Probate?
Bank accounts with beneficiaries generally bypass the probate process, which is often the primary reason people choose to name beneficiaries. When a bank account avoids probate, the funds are typically accessible to the beneficiary more quickly and are not typically used to pay probate costs or the deceased person’s debts.
That said, beneficiary designations are not immune from challenge. If there is evidence that a beneficiary coerced or deceived the account holder into naming them, the designation may be contested and, if successfully overturned, the account could become subject to probate.
Learn more about whether bank accounts with beneficiaries have to go through probate.
What Happens to a Bank Account When Someone Dies Without a Beneficiary?
When someone dies without naming a bank account beneficiary, it typically means the account is either jointly owned or part of the account owner’s estate or trust.
- If a will governs the account — or if no valid estate plan exists — the account generally must pass through probate. Executors or administrators cannot distribute the funds to beneficiaries or heirs until probate is complete and all outstanding taxes, debts and administrative costs have been paid.
- If a trust governs the account, the account can usually bypass probate. The trustee can distribute the funds once all trust assets have been accounted for, provided there are sufficient funds remaining in the trust to cover administrative costs and any other trust expenses.
- It’s important to note that bank accounts held in a trust generally bypass probate only if they are formally titled in the trust’s name. In some cases, posthumous transfers may be possible if there is clear evidence that the account holder intended for the funds to be distributed through their trust.
What Happens to a Bank Account When Someone Dies Without a Will?
When someone dies without a will, their bank account may be unaffected if a beneficiary is named. Beneficiaries generally have the right to claim the funds directly from the bank, regardless of whether a will exists.
That said, if no beneficiary is designated, the account could be distributed according to a trust, if one exists. However, if there is neither a beneficiary designation nor trust instructions for the account, the account owner likely died intestate, and the funds will need to pass through probate to be distributed to heirs under intestate succession laws.
What Happens to Joint Bank Accounts on Death?
Joint bank accounts are generally unaffected when one owner dies, allowing surviving account holders to continue accessing the account as usual. In addition, they automatically assume ownership of the deceased owner’s share.
Surviving owners must still notify the bank of the account holder’s death so that the deceased owner’s name can be removed. Banks typically require a certified copy of the death certificate or an affidavit of death to complete this process.
Learn more about what happens to joint bank accounts on death.
How to Find Bank Accounts of a Deceased Person
To locate a deceased person’s bank accounts, a good first step is to check whether they left behind any written instructions or estate planning documents that reference their accounts. Reviewing wills, trusts or other financial records can help identify where the accounts are held.
It’s important to act quickly. If bank accounts remain unclaimed for an extended period, banks may transfer the funds to the state’s unclaimed property division. While you can still claim the funds afterward, the process can be complicated and time-consuming. For this reason, it’s best to take steps to locate and claim the accounts as soon as possible.
Refer to Their Will or Trust
Many account holders include clear instructions for locating their bank accounts in their will or trust — even if the accounts already have beneficiary designations. This is particularly common when the estate plan was prepared by an experienced attorney.
If a person dies intestate, however, you may need to do some investigative work to track down their bank accounts.
Search Their Home and Mail
A deceased person’s mail can provide valuable clues about the location of their bank accounts, as banks often send statements and other correspondence to the account holder’s home.
The home itself may also contain important information. Financial documents, tax returns or even ATM receipts can help identify accounts. Reviewing the decedent’s computer or digital records may reveal additional details.
Visit Banks in Their Area
Visiting banks near the decedent’s home or workplace can be an effective strategy. However, for privacy and security reasons, banks will not release information or funds to just anyone.
To confirm whether a deceased person’s account is held at a bank, the bank will require proof of your identity and documentation of the account holder’s death. The bank can only provide information about the account if it verifies these details and confirms that you are a beneficiary, joint account owner, executor/administrator or trustee with authority to access the funds.
Call Their Employer
If the account holder was employed when they died, their employer likely knows where they banked, especially if direct deposits were being made to the account.
However, similar to banks, the workplace may not provide you with this information unless you have proof that you are authorized to claim or manage the account.
Search Online Databases
Deceased persons’ bank accounts that remain unclaimed for a prolonged period could be sent to the state’s unclaimed property division.
Although this rarely occurs, it may be worth searching online databases for the unclaimed bank account funds — especially if none of the other strategies mentioned have yielded results.
A few online databases to search include:
Consult an Experienced Probate Attorney
While a probate attorney can assist in locating a deceased person’s bank accounts when standard methods don’t work, their support goes far beyond that. Whether you are inheriting assets or managing an estate or trust, an experienced probate lawyer can guide you through the process and address any complications that arise along the way.
How to Access a Deceased Bank Account
Once you’ve located a deceased person’s bank account, the next step is gaining access, either by visiting the bank in person or contacting the bank by phone.
The bank will only release information or funds once you can provide proof of the account holder’s death, verify your identity and demonstrate that you have authority to claim the account — either as a beneficiary or on behalf of the deceased person’s estate or trust.
What Do You Need to Access a Deceased Person’s Bank Account?
What you need to access a deceased bank account depends on whether you are seeking access as a designated beneficiary or as a fiduciary.
To claim funds as a designated beneficiary, you generally will need to show the bank:
- A certified copy of the account owner’s death certificate
- A valid government-issued photo ID
To claim funds as an executor/administrator or trustee, you will need to show the bank:
- A valid government-issued photo ID
- Proof of appointment (e.g., Letters Testamentary or Letters of Administration or Certification of Trust)
- A certified copy of the account holder’s death certificate
- A copy of the will, trust or a small estate affidavit (if applicable)
Keep in mind that each bank may have its own policies and documentation requirements. It’s a good idea to contact the bank ahead of time to confirm what’s needed before making an in-person visit.
How to Get Money From a Deceased Person’s Bank Account
Once the bank verifies the necessary information, it will release the funds in the account.
If you receive the funds as a beneficiary, you can generally use them as you wish. However, if you receive the funds as an executor/administrator or trustee, it’s best practice to deposit them into a dedicated estate or trust account.
This ensures the funds remain separate from your personal assets, are properly safeguarded and are available to cover estate or trust expenses before ultimately being distributed to beneficiaries or heirs.
FAQs: Bank Account Beneficiary Rules
Bank account beneficiary rules aren’t always easy to navigate. If you still are confused about them, check out the frequently asked questions below.
For personalized legal guidance, we recommend reaching out to our law firm directly.
Can you contest a bank account beneficiary?
Yes. You can contest a payable-on-death beneficiary designation in certain situations. Common reasons include believing the beneficiary was not who the decedent intended, the form was completed by mistake, or the decedent was pressured into naming someone.
Before you move forward, you typically need standing, meaning you have a financial interest in the outcome, and legal grounds to dispute the designation. In most cases, the person contesting the beneficiary must provide evidence to support the claim.
Timing matters. If the beneficiary has already collected the funds, recovering them can be more difficult. Acting quickly and speaking with an experienced attorney can improve your chances.
How do I add a beneficiary to my bank account?
To add a beneficiary, ask your bank for a beneficiary designation form. It may also be called a payable-on-death form or a Totten trust. You can usually get it in person or through your bank’s website.
Complete the form and submit it to the bank as instructed. Your beneficiary designation is not effective until the bank accepts and processes it.
How do I find my deceased parents’ bank accounts?
Start by checking estate planning documents, financial records, mail, and paperwork in the home. You can also contact banks in the area where they lived and ask former employers about direct deposit information.
If those steps do not work, online tools and databases may help as a last resort.
Being someone’s child does not automatically give you access to their accounts. You generally must be a named beneficiary, a joint account owner, or inherit the account through a will, a trust, or intestate succession laws.
Does a will override a bank account beneficiary?
No. A beneficiary designation typically controls a bank account because it allows asset transfers outside probate.
For example, even if a will leaves an account to a sibling, the bank will generally pay the account to the named beneficiary, such as a spouse, unless the designation is successfully challenged or the beneficiary waives their rights.
Does a trust override a bank account beneficiary?
Usually, no. If a bank account has a named beneficiary, the bank will typically pay that person, even if the trust says something different.
A trustee or trust beneficiary may be able to contest the designation if there is evidence of wrongdoing, such as undue influence or fraud. If the designation is overturned, the account may pass into the trust and be distributed under the trust’s terms.
In some cases, if a trust or amendment was executed after the disputed beneficiary designation and expressly addresses the account, a credible argument exists that the trust language controls. If a later trust or trust amendment clearly identifies the account as a trust asset to be directed elsewhere, it may be possible to argue the trust overrides the beneficiary designation.
What happens if someone takes money from a deceased person’s account?
It is difficult to withdraw funds after a bank is notified of the death, but problems can occur if someone takes money before the bank learns the account holder has died.
If funds are misappropriated, the person who took them may be required to repay the money. They may also owe damages and possibly attorney’s fees and costs. In some situations, they could lose inheritance rights.
Can an executor use a deceased person’s bank account?
Sometimes. An executor generally can use funds only for estate-related expenses, taxes, and debts. Then they must distribute what remains according to the will.
An executor typically can access a bank account only if it does not have a named beneficiary or joint owner and it is not being distributed through a trust.
Can a power of attorney change bank account beneficiaries?
It depends. If the power of attorney is a financial power of attorney, the agent may have authority to change beneficiaries. The power of attorney language and bank rules matter.
Even when allowed, the agent must act in the principal’s best interests. Changing a beneficiary to benefit the agent or the agent’s family can lead to claims of power of attorney abuse. If you are an agent, it is wise to consult an attorney before making changes.
Can a power of attorney access an account after death?
No. A power of attorney ends when the principal dies.
If an agent withdraws money after death, that can be unlawful. The executor should speak with a fiduciary misconduct attorney about recovering the funds.
Can a minor be a beneficiary on a bank account?
Yes. A minor can be named as a beneficiary, but they usually cannot access the funds until adulthood, which is 18 in California.
Often, a guardian of the estate must be appointed to manage the funds for the child’s benefit. Another option may be a custodial account where an adult manages the money until the child reaches the required age.
Can a spouse override a bank account beneficiary?
No, a spouse generally does not automatically override a named beneficiary. However, a spouse may still have rights if the funds are considered community property in community property states like California.
Community property includes assets acquired during marriage by either spouse that are presumed to belong equally to the spouses. It often excludes gifts, inheritances, and property owned before marriage. A bank account opened before marriage may still become community property if community funds were deposited into it during the marriage. Whether a spouse has a claim depends on the account history.
Can my spouse access my bank account if I die?
Only if your spouse is a named beneficiary, a joint account owner, or has authority as executor, administrator, or trustee.
Even if your spouse cannot access the account directly, they may still be entitled to some of the funds if the money is community property, depending on state law.
How do I cash a deceased person’s check?
Most people cannot cash a deceased person’s check. Typically, only the executor or administrator can handle it, and the check is usually deposited into an estate account.
Estate funds should be used only for estate expenses, taxes, debts, and distributions to beneficiaries. If you receive a check payable to someone who has died, it is usually best to give it to the executor or administrator. Trying to cash it yourself could be considered fraud.
How do you close a bank account after death?
It depends on your role and the type of account.
If you are a named beneficiary, the bank often requires a certified death certificate and valid photo ID.
If you are the executor or administrator, the bank often requires the death certificate, your photo ID, and Letters Testamentary or Letters of Administration. Some banks also ask for a copy of the will.
If you are a joint owner, you usually do not need to close the account and can keep using it. The bank may request a death certificate to remove the deceased owner’s name.
Bank requirements vary, so confirm what documents are needed in advance.
Can a small estate affidavit claim a deceased person’s bank account?
Yes. This is possible if the account has no beneficiary and the estate is valued below the small estate threshold, which is $208,850 as of April 1, 2025.
Do bank accounts go into the residuary estate?
Sometimes. The residuary estate is what remains after specific and general gifts are paid, so whether accounts are included as part of the residuary estate depends on the terms of a decedent’s will or trust.
However, a bank account with a named beneficiary or joint owners not part of the probate estate or the residuary estate.
How do you unfreeze a deceased person’s bank account?
Banks may freeze an account once they learn the owner has died unless it is jointly owned. The right person must claim or close the account to release the funds.
If the account has a named beneficiary, that beneficiary typically claims it directly from the bank.
If the account passes through a will or intestate succession, the executor or administrator claims it for the estate.
If the account is a trust asset, the trustee claims it for the trust. If the account was never transferred into the trust, the trustee may need to file an 850 petition to transfer it without probate.
Can funeral expenses be paid from a deceased person’s bank account?
It depends. If the account is part of the estate or trust, meaning it has no beneficiary and no joint owner, it may be used to pay the decedent’s funeral expenses.
Can you name a beneficiary on a checking account?
Yes. Most banks allow beneficiaries on checking accounts, and the process is generally the same as for other bank accounts.
Can the next of kin withdraw money from a deceased person’s account?
No, not automatically. Next of kin can access funds only if they are a named beneficiary, a joint owner, or formally appointed as executor, administrator, or trustee.
Even if the next of kin will inherit later through probate or trust administration, they usually cannot withdraw funds directly. The executor, administrator, or trustee must handle the account, pay valid obligations, and then distribute what remains under the will, trust, or intestate succession laws.
How do I access a deceased relative’s bank accounts?
You can access the accounts only if you are a named beneficiary, joint account holder, or have authority as executor, administrator, or trustee.
Being named in a will or trust does not usually allow you to withdraw money directly from the bank. Distribution typically happens after the executor, administrator, or trustee completes the required administration.
Can my children access my bank account if I die?
Not automatically. Your children can access your account directly only if they are named beneficiaries or joint owners.
Minor children generally cannot receive funds outright. Even if you name a minor as a beneficiary, they usually cannot access the money until age 18 in California. A guardian of the estate or a custodial arrangement may be needed in the meantime.
Do I need to add someone to my bank account before I die?
Not necessarily. Some people add a beneficiary or joint owner so the account can bypass probate and be accessed more quickly after death. This can save time and administrative costs, depending on your goals.
What if my husband died and I’m not on his bank account?
First, find out how the account was set up. Your husband may have named a beneficiary, placed the account in a trust, included it in a will, or left no estate plan.
Even if you are not listed on the account, you may still have rights, especially in community property states like California, where spouses are often entitled to half of community property. If your husband died without a will or trust, intestate succession laws may also apply, depending on whether the account is community or separate property.
How do I access my deceased mother’s bank account?
You can access it directly only if you are a named beneficiary or joint owner.
If you are a beneficiary, you often claim the account with a photo ID and a certified death certificate.
If you are a joint owner, you usually keep access and may only need a death certificate or affidavit of death to remove your mother’s name.
If you are not a beneficiary or joint owner but are named in a will or trust, you may still inherit through probate or trust administration, but you must wait for distribution. If there is no estate plan, intestate succession laws may apply, and rights may depend on whether the account is separate or community property and whether a spouse survives.
What happens to a joint bank account when one owner dies?
Usually, the surviving joint owner inherits the account automatically through the right of survivorship, and the account does not go through probate.
Who pays tax on interest earned after death?
Taxes on interest earned after death are usually paid by the person or entity controlling the asset at the time, often the executor or administrator for an estate or the trustee for a trust.
After the asset is transferred to a beneficiary, that beneficiary generally pays tax on any interest earned going forward.
Are the rules the same in every state for claiming bank accounts?
Not always. Many steps are similar, such as notifying the bank and providing a death certificate. State law can affect what happens when there is no beneficiary, including probate requirements and small estate options.
Need help navigating bank account beneficiary rules? Our attorneys are equipped to help.
What are some bank account beneficiary rules to be mindful of? What happens if no beneficiary is named on a bank account? Can you contest a bank account beneficiary? While it is common for such questions to arise following a loved one’s death, the answers aren’t always so simple.
With a probate attorney in your corner, you will not just be able to leave the heavy lifting up to them, but you can rest assured that if any issues arise or your rights as a beneficiary are violated, they will be able to resolve them.
Call us today to discover how we can help. We are eager to connect with you.
