You need a court order or letters of administration to touch the account

A bank will not let you withdraw money from a deceased person's account just because you have their name or know the PIN. The bank is legally required to freeze the account when it learns of the death, and it will only release funds to someone who can prove they have the legal right to do so. That proof is almost always a document from a probate court—either letters testamentary (if there is a will) or letters of administration (if there is no will). Without one of these, you cannot access the account, even if you are the spouse or adult child.

The process starts with the probate court in the county where the deceased person lived. You file a petition asking the court to open an estate and appoint you as executor or administrator. The court then issues the letters, which you take to the bank. The bank verifies the document and gives you access to the account so you can pay debts, taxes, and funeral costs, then distribute what remains to the heirs.

Some states and some banks have faster routes for small accounts or surviving spouses, but they still require court paperwork or a sworn statement. There is no way around the court entirely.

Key Takeaways

  • Banks freeze accounts when notified of a death and will not release funds without a court order or letters from probate court.
  • You must file a petition with the probate court in the county where the deceased lived to open an estate and receive letters testamentary or letters of administration.
  • The court document you receive is your proof of authority; you bring it to the bank to gain access to the account.
  • Some states offer simplified procedures for small estates or surviving spouses, but all require some form of court paperwork or notarized statement.
  • The time from filing to receiving letters typically ranges from two to eight weeks, depending on the state and whether the will is contested.

The probate court process: filing and receiving letters

Start by contacting the probate court (sometimes called the surrogate's court, district court, or circuit court) in the county where the deceased person lived. You can find it by searching "[county name] probate court" online or calling the county clerk's office. The court has forms and instructions for opening an estate.

You will need to file a petition that includes the deceased person's name, date of death, address, and the names and addresses of all heirs and beneficiaries. If there is a will, you file it with the petition. If there is no will, you state that fact. You also need a certified death certificate—order this from the vital records office in the state where the person died, not from the funeral home, because banks and courts require the official version.

Once you file, the court schedules a hearing (in some states this is automatic; in others you request it). At the hearing, the judge reviews the petition and, if everything is in order, signs an order appointing you as executor or administrator. The court then issues the letters, which are official documents with the court's seal. This process usually takes two to eight weeks, depending on the state and whether anyone contests the will.

What to bring to the bank with your letters

Bring the original letters testamentary or letters of administration to the bank, along with a certified copy of the death certificate and a photo ID. Some banks also ask for a copy of the will (if one exists) or a tax ID number for the estate. Call the bank's probate department before you go—the number is usually on the back of the account statements or on the bank's website under "estate services"—and ask what documents they need.

The bank will make copies of your letters and death certificate, verify them with the court if necessary, and then give you access. You can then withdraw funds to pay funeral costs, debts, and taxes, or transfer the money to an estate account if the bank offers one. The bank may require you to sign a form acknowledging your duties as executor or administrator.

Keep the original letters in a safe place; you will need them again if the estate has accounts at other banks or if you need to sell property or access investment accounts.

Simplified procedures for small estates and surviving spouses

Many states have a faster route if the estate is small or if the surviving spouse is the only heir. These procedures vary widely by state, so check your state's probate court website or call the court directly.

Small estate procedures allow you to skip formal probate if the total value of the estate (minus the home and car) is below a threshold—this ranges from $5,000 to $40,000 depending on the state. Instead of filing a full petition, you file a simplified form, wait a shorter period (often 30 days), and then receive a court order allowing you to collect the assets. Some states call this a "succession affidavit" or "small estate declaration."

Surviving spouse procedures exist in some states and allow a widow or widower to access the account without opening a full estate if certain conditions are met—usually that there are no debts and no minor children. You file a petition or affidavit with the court, and the court issues an order allowing the bank to release funds directly to the spouse. This can take as little as two weeks.

Ask the probate court whether your situation qualifies for either of these routes. If it does, the court will tell you which form to file and what documents to bring.

Joint accounts and accounts with a named beneficiary

If the deceased person had a joint account with you (meaning both names were on the account), you may be able to access it without probate court paperwork. Many banks allow the surviving joint owner to withdraw funds when ready upon presenting a death certificate. However, the bank may still freeze the account temporarily while it verifies the death, and some states treat joint accounts as part of the estate for tax purposes, so you may still need to report the account to the probate court.

If the account had a named beneficiary (called a "payable-on-death" or POD account), the bank will release the funds directly to the beneficiary named on the account, bypassing probate entirely. You will need a death certificate and a form from the bank, but you do not need court letters. Check the account statements or ask the bank whether a beneficiary was named.

If you are unsure whether the account is joint or has a beneficiary, call the bank and ask. The account holder's name on the statements will tell you—if it says "John Doe and Jane Doe" it is joint; if it says "John Doe" alone, ask the bank whether a POD beneficiary is on file.

What happens if there is no will and no clear heir

If the deceased person left no will and it is unclear who the heirs are, the probate court will follow your state's intestacy laws to determine who inherits. These laws rank heirs by relationship: surviving spouse first, then children, then parents, then siblings, and so on. The court will require you to list all potential heirs in your petition, and the court may require notice to be published in a newspaper so that unknown heirs have a chance to come forward.

This process takes longer—often three to six months or more—because the court must be certain that all heirs have been notified and have had a chance to object. Once the court determines who the heirs are, it issues the letters and you can access the account to pay debts and distribute the remaining funds according to the court's order.

If you are not sure who the heirs are, the probate court can help. Bring what you know about the deceased person's family to your first meeting with the court, and the court clerk will guide you through the process.

Paying debts and taxes from the account

Once you have access to the account, you are responsible for using the funds to pay the deceased person's debts in a specific order set by state law. Funeral and administration costs come first, then taxes, then debts like credit cards and medical bills, then bequests to beneficiaries named in the will. You cannot distribute money to heirs until all debts and taxes are paid.

You will need to file a final income tax return for the deceased person (Form 1040) and possibly an estate tax return (Form 1041) if the estate is large enough. The IRS and your state tax authority will tell you what is required. You can use the account to pay these taxes once the bills arrive.

Keep detailed records of every withdrawal and payment. You will need to show these records to the court and to the heirs when the estate is closed. Many executors and administrators hire a probate attorney or accountant to help with this step, especially if the estate is complicated or the heirs are likely to dispute the accounting.

Frequently Asked Questions

Can I access the account before the court issues letters?

No. Banks are required by law to freeze the account when notified of a death. Some banks may release funds for funeral costs if you can show a funeral bill, but this is rare and varies by bank. You must have court letters or a court order to withdraw money for any other purpose.

What if the bank says it never received notice of the death?

Call the bank's probate department and inform them in writing. The bank will then freeze the account. You can then proceed with filing for letters from probate court. If the bank has already released funds to someone without authority, you may need to report this to the court or consult a probate attorney.

How much does it cost to open an estate and get letters from the court?

Court filing fees vary by state and typically range from $200 to $500. If you hire a probate attorney, their fees can range from $1,500 to $5,000 or more, depending on the complexity of the estate. Some attorneys charge a flat fee; others charge hourly. Many states allow you to file without an attorney if you are comfortable with paperwork.

What if the deceased person had accounts at multiple banks?

You bring the same court letters to each bank. The letters are valid at any financial institution. Make a list of all accounts you know about and contact each bank's probate department with the letters and death certificate.

Can I be held personally liable if I withdraw money from the account without proper authority?

Yes. If you access the account without court letters or proper authorization, you can be sued by the heirs or creditors for the amount you withdrew. Always wait for the court letters before touching the account.