When a bank account owner dies, the process is fairly straightforward if the account has a joint owner or beneficiary. Otherwise, the account typically becomes part of the owner's estate or is eventually turned over to the state government and the disbursement of funds is handled in probate court.
Key takeaways. After someone dies, a sole-owned bank account may go to a named beneficiary or be handled by the executor of the estate. Joint accounts typically have automatic rights of survivorship, but it's still important to check with your bank to ensure smooth access to funds.
Your estate consists of all property and personal belongings you own or are entitled to possess at the time of your death. This includes real estate, personal property, cash, savings and checking accounts, stocks, bonds, automobiles, jewelry, etc.
At the moment of deposit, the funds become the property of the depository bank. Thus, as a depositor, you are in essence a creditor of the bank. Once the bank accepts your deposit, it agrees to refund the same amount, or any part thereof, on demand.
If you're calculating your net worth, you should tally your assets first. Include any money you have in the bank as well as the value of your investments. Include your property value and the worth of your car if you were to sell it, along with any monthly payments you might receive from a pension or retirement plan.
A few quotes will suffice: Ellinger, Lomnicka and Hare (2009, p. 120) explain that: “It is now well established that the property in the customer's money passes to the bank following its deposit and that 'money paid into a bank account belongs legally and beneficially to the bank and not the account holder'.”
Irrevocable trusts: Assets in irrevocable trusts are often excluded, as the decedent no longer has ownership or control over them. Retirement and annuity accounts: Certain retirement accounts or annuities with designated beneficiaries may bypass the estate, transferring directly to heirs.
Cash is considered part of your taxable estate and will be subject to federal and, if applicable, state inheritance taxes and probate. Some bank accounts have a transfer on death (TOD) designation, which allows you to name a beneficiary and avoid probate.
First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.
If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.
Joint bank accounts
If one dies, all the money will go to the surviving partner without the need for probate or letters of administration. The bank might need to see the death certificate in order to transfer the money to the other joint owner.
An executor/administrator of an estate can only withdraw money from a deceased person's bank account if the account does not have a designated beneficiary or joint owner and is not being disposed of by the deceased person's trust.
Money typically stays in an estate account for months to a year. How long money has to stay in an estate account is based on factors such as the complexity of the estate, whether an estate tax return is required, and the time needed to resolve any claims made by creditors.
Contents of a house typically are personal property items that do not have “title.” As such, they would almost never need to pass through probate. If you have instructions with regard to how these items should be handled, you can leave them in a list that is dated and signed by you.
Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate.
You must wait 40 days after the decedent dies before you can collect or distribute the decedent's assets. You must give a written declaration to the person or agency that has the property or is in charge of the transfer of the property.
Many wonder if this includes cash. The short answer is yes. Cash is considered a part of your estate and is subject to state and federal taxes. To minimize the financial impact of the probate process, consider putting the cash into a savings or checking account and designate a “transfer-on-death” beneficiary.
An estate asset is property that was owned by the deceased at the time of death. Examples include bank accounts, investments, retirement savings, real estate, artwork, jewellery, a business, a corporation, household furnishings, vehicles, computers, smartphones, and any debts owed to the deceased.
Money in joint accounts
Normally this means that the surviving joint owner automatically owns the money. The money does not form part of the deceased person's estate for administration and therefore does not need to be dealt with by the executor or administrator.
Most joint bank or credit union accounts are held with “rights of survivorship.” This means that when one account owner dies, the money passes to the surviving owner, or equally to the rest of the owners if there are multiple people on the account.
Taxable income includes interest earned on traditional savings accounts, the best high-yield savings accounts (HYSAs), certificates of deposits (CDs), and money market deposit accounts.
Stocks, bonds, mutual funds, bank deposits, investment accounts, and good old cash are all examples of financial assets. They can have a physical form, like a dollar bill or a bond certificate, or be nonphysical—like a money market account or mutual fund.