What happens to bank accounts after a death?

The answer depends on how the account was set up and whether probate is required. Understanding your options—and whether you need a probate attorney—can help you move forward with fewer delays.

What happens immediately after death?

Once a bank is notified of a death, individual accounts held only in the deceased person’s name are typically frozen. This protects the estate while ownership is determined. Automatic payments may stop, and no one—including heirs—can legally withdraw funds without authority.

What if the account is jointly owned?

Joint accounts with rights of survivorship generally pass automatically to the surviving account holder. After the bank receives a death certificate, the surviving owner may continue using the account.

With or without a probate attorney: Legal help is rarely needed unless ownership is contested.

What if the bank account has a beneficiary?

Accounts labeled Payable on Death (POD) or Transfer on Death (TOD) pass directly to the named beneficiary and usually avoid probate. The beneficiary can often access the funds by providing a death certificate and identification.

With or without a probate attorney: This process is usually straightforward and does not require legal help unless there is a dispute or missing documentation.

What if the account is only in the deceased’s name?

If there is no joint owner or beneficiary, the bank account becomes part of the estate and is typically subject to probate. The court appoints an executor or administrator, who then gains authority to access the funds using court-issued Letters.

Without an attorney: Executors can manage this process by following probate court instructions.

With an attorney: A probate lawyer can help avoid errors, speed up filings, and resolve bank delays, especially in complex estates.

What if the estate qualifies as a small estate?

California allows simplified procedures for smaller estates. In some cases, heirs can use a small estate affidavit to access bank funds without full probate.
With or without an attorney: Many heirs complete this on their own, though legal guidance can help confirm eligibility.

Paying bills before probate closes

If you are an heir and need to pay bills before probate is complete, you generally cannot access estate bank accounts unless you are the appointed executor or administrator. One option some heirs explore is an inheritance advance. This upfront payment is not a loan, but it can be costly. You assign your inheritance, or a portion of it, to a buyer in exchange for immediate funds, which reduces what you ultimately receive.

On this site, you can submit a probate advance profile bid, allowing potential buyers to review your situation and make an offer. You can then evaluate each offer and decide whether to accept or decline based on your financial needs and the terms presented.

Bank accounts after death can transfer quickly—or remain tied up in probate—depending on how they are titled. Knowing your options, with or without a probate attorney, helps you make informed decisions during a difficult time.