If you stand to inherit a deceased person’s bank account, it doesn’t mean you can simply walk into the bank and claim the funds — this is only possible if you’ve been designated as a beneficiary on the account or are a joint owner.
Anyone who is entitled to a bank account but doesn’t fall under one of these two categories will typically need to wait for the account to be distributed to them, either by the trustee or the executor/administrator at the close of probate.
- Suppose a beneficiary is designated on a bank account. In this scenario, the beneficiary can simply walk into the bank and claim the contents, though the bank may require that the beneficiary fill out certain forms which may take time to process.
- Suppose the decedent jointly owned the bank account. The surviving joint owner(s) automatically gain ownership of the deceased owner’s share.
- Suppose there is no beneficiary on the bank account, and the decedent died intestate (i.e., without a will). The account must pass through probate before it is distributed to heirs in accordance with intestate succession laws.
Regardless of your situation, working closely with a probate attorney after a loved one dies is strongly recommended. Your attorney can clarify what your rights are surrounding the deceased’s bank accounts, as well as take steps to protect your inheritance.
If you are interested in learning about how non-cash assets are transferred after death, read our article: What Happens to Property When Someone Dies?
What is a Beneficiary on a Bank Account?
Beneficiaries on bank accounts are the persons or entities the account owner designated to inherit the contents of the accounts upon their passing.
To designate a beneficiary on a bank account, the account owner must sign a beneficiary designation form — sometimes referred to as a Totten trust — which converts a standard bank account into a payable-on-death (POD) account.
Do Bank Accounts Have Beneficiaries?
Not all bank accounts have beneficiary designations — in fact, many account holders aren’t even aware that naming a beneficiary is an option.
As mentioned earlier, a bank account is only considered payable on death if the owner established a Totten trust (i.e., signed a POD designation) prior to their passing.
How to Find Out if You Are a Beneficiary on a Bank Account
A bank won’t usually reveal whether you’re named as a beneficiary on a bank account without first seeing a certified copy of the account owner’s death certificate and your valid government-issued ID. If you are indeed designated as a beneficiary — and the bank can verify your identity — the funds in the account will be released to you.
What Happens to a Bank Account When Someone Dies?
There is no universal approach for handling deceased bank accounts. How they’re distributed — and to whom — depends on several variables.
Variables that may play a role in what happens to a bank account when someone dies include:
- If the bank account has beneficiary designations
- If the bank account is mentioned in the decedent’s will
- If the bank account is held in the decedent’s trust
- If the decedent died intestate
What Happens to Beneficiary Bank Accounts After Death?
A bank account with a beneficiary typically can be claimed by the named beneficiary immediately upon the account owner’s death. To claim the account, the beneficiary is generally required to present the bank with a valid government-issued ID and a certified copy of the account owner’s death certificate.
Do Bank Accounts With Beneficiaries Have to Go Through Probate?
Because assets with beneficiary designations usually can be paid or transferred directly to the new owner(s) once the account owner dies, probate isn’t typically required for such assets.
That said, beneficiaries on bank accounts can be contested if an interested party has reason to believe the designation is invalid. If such a challenge results in the beneficiary designation being overturned, the account may become subject to probate.
What Happens to a Bank Account When Someone Dies Without a Beneficiary?
When there is no beneficiary on a bank account, it typically means one of two things: either the account is jointly owned, or it will need to be distributed through the decedent’s estate or trust.
If the account was jointly owned at the time of death, the surviving co-owner(s) generally assume full ownership automatically. However, the bank may require a certified copy of the deceased owner’s death certificate or an affidavit of death to formally remove them from the account.
If the account was solely owned by the decedent and no beneficiary was named, the decedent’s estate planning documents must be consulted to determine how the account should be distributed.
- If a will directs the distribution of the account — or if no valid estate plan exists — the account must pass through probate. Executors/administrators usually cannot distribute the account to the intended recipient(s) until probate has closed, and all outstanding taxes, debts and administration costs have been paid.
- If a trust directs the distribution of the account, the account can generally bypass probate and be distributed by the trustee to the intended recipient(s). The trustee must pay all outstanding taxes, debts and administration costs — or confirm adequate funds remain to cover them — before distributing the account.
Keep in mind that, when it comes to bank accounts held by trusts, such accounts may only avoid probate if they were formally transferred into the trustee’s name prior to the account owner’s death. If they weren’t, it may be possible to posthumously transfer the account by filing an 850 petition, but to use this tool, evidence must clearly show that the decedent intended the account to be part of the trust (e.g., by listing it in the trust document).
When a bank account is being administered through probate or a trust, only the authorized fiduciary — the executor/administrator or trustee — has the legal authority to claim it.
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 seeking access as a designated beneficiary or as a fiduciary who is claiming the account on behalf of its owner’s estate or trust.
In order to claim funds as a designated beneficiary, you generally will need to present the bank with the following:
- A certified copy of the account owner’s death certificate
- A valid government-issued photo ID
In order to claim the funds as a fiduciary, you generally will need to present the bank with the following:
- A valid government-issued photo ID
- Proof of appointment (e.g., Letters Testamentary or Letters of Administration)
- 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 Access a Deceased Person’s Bank Account
To locate a deceased person’s bank accounts, the first step is to check whether they left behind any written instructions or estate planning documents that reference their accounts.
Acting quickly is important, because if bank accounts remain unclaimed for too long, the funds may eventually be transferred to the state’s unclaimed property division. While it is possible to recover assets once they’ve been turned over to the state, the process can be complicated and time-consuming — which is why it’s ideal to identify and claim bank accounts (when appropriate) before that happens.
Learn more useful tips for locating a deceased person’s bank accounts below.
Refer to Their Will
Ideally, the decedent will have included information about their bank accounts in their will or estate planning file, but this is not always the case, nor do all decedents die with a will.
However, chances are that if the decedent died with a will, and the will was prepared by an experienced estate planner, their estate planning file will contain information about their bank accounts.
A decedent having died intestate (without a will) is a different story. In such an instance, it may be necessary for you to do some detective work to track down their bank accounts.
Search Their Home and Mail
Because banks often send communication and financial statements via the postal service, you may be able to locate their bank accounts by simply perusing their mail.
Likewise, you may be able to locate their bank accounts by searching for clues in their home. Financial documents, such as tax returns and ATM receipts, can potentially point you in the right direction. You could even try logging onto their computer to see if you can find any information there.
Visit Banks in Their Area
Visiting banks near the decedent’s home or workplace can be an effective way to track down where they may have held accounts. However, for privacy and security reasons, banks will not release information or funds to just anyone.
To gain access, you’ll need to present documentation proving both that the account holder has died and that you have the legal authority to access the account — whether as a designated beneficiary, joint account holder, executor/administrator or trustee.
Call Their Employer
If the decedent had been employed at the time of their death, chances are their employer knows where they banked — especially if they were making direct deposits to the account.
Similar to banks, the human resources department at the decedent’s workplace is unlikely to provide you with this information unless you can show proof that the employee died and that you are authorized to manage their account.
Search Online Databases
As noted previously, assets that remain unclaimed for a prolonged period could be sent to the state. While it is rare for this to happen, it may be worth searching online databases designed for tracking down missing money and/or property if you are having trouble locating deceased bank accounts.
A few online databases to search include:
Consult an Experienced Probate Attorney
Figuring out the probate process — and what to do with bank accounts after death — can be a lot to handle when you are grieving the loss of a loved one. Luckily, you can pawn off most of these cumbersome tasks on your probate attorney.
While an attorney can certainly help with locating a decedent’s bank accounts, they are an excellent resource to have by your side for the entirety of trust and estate administration, regardless of your legal needs and whether you are a beneficiary, heir, executor/administrator or trustee.
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.
