Can You Access a Bank Account Without Probate? 5 Legal Ways to Skip the Hassle

It can be hard to deal with a loved one’s money after they die. One question I get a lot from grieving families is, “Can you get into a bank account without probate?”

The short answer is yes, you often can — but only in specific situations

After helping hundreds of families through this process I’ve seen firsthand how understanding the right options can save months of waiting and thousands in legal fees. This guide breaks down everything you need to know about claiming bank accounts without the lengthy probate process.

What is Probate and Why You Might Want to Avoid It

Probate is basically a court-supervised process that validates a deceased person’s will, pays off their debts, and distributes what’s left to beneficiaries. While necessary in many cases, probate has some major drawbacks:

• It’s slow — often taking 6-18 months to complete
• It’s expensive — court fees, attorney costs, and executor fees can eat up 3-7% of the estate
• It’s public — all proceedings become part of public record
• It’s complicated — requiring multiple court appearances and paperwork

The good news? Many bank accounts can completely bypass this process if set up correctly.

5 Legal Ways to Access a Bank Account Without Probate

1. Joint Ownership Accounts

Joint accounts are perhaps the simplest way to avoid probate. When an account has multiple owners “with rights of survivorship,” the surviving owner(s) automatically gain full ownership when one owner dies.

How it works:

• The surviving joint owner simply needs to present the bank with a certified death certificate
• The bank will update the account to remove the deceased person’s name
• The survivor gets immediate access to all funds

Real example: Maria added her daughter to her checking account as a joint owner. When Maria passed away, her daughter simply brought the death certificate to the bank and continued using the account without interruption.

Be careful: if you own something with someone else, you can get to the money at any time, even before you die. Only add someone you completely trust!.

2. Payable-on-Death (POD) Accounts

A POD account (sometimes called a Totten trust) lets you name a beneficiary who automatically receives the funds when you die.

How it works:

• The account owner designates a beneficiary with their bank
• While the owner is alive, the beneficiary has zero access to the funds
• After death, the beneficiary presents ID and a death certificate to claim the money

Documents needed:

• ☑ Certified death certificate (get at least 3 copies)
• ☑ Government-issued ID
• ☑ Beneficiary designation form (if you have it)

This is my favorite strategy because it gives you full control while you’re alive and keeps you out of probate after you die.

3. Transfer-on-Death (TOD) Accounts

TOD accounts work similarly to POD accounts but are typically used for investment accounts rather than traditional bank accounts.

How it works:

• The account owner designates a beneficiary with their brokerage
• Upon death, ownership transfers directly to the beneficiary
• The beneficiary presents a death certificate and ID to claim the assets

4. Living Trust

A living trust is a legal arrangement where you transfer ownership of your assets (including bank accounts) to the trust during your lifetime.

How it works:

• You create a trust and transfer your bank accounts into the trust’s name
• You manage the accounts as the trustee during your lifetime
• Upon death, your successor trustee distributes assets according to your instructions

Important note: The account must be properly titled in the trust’s name before death. If it wasn’t, an 850 petition might be needed to posthumously transfer the account to the trust.

5. Small Estate Affidavit

Many states have a simple process called a “small estate affidavit” that lets heirs claim assets if the estate of the deceased is worth less than a certain amount.

How it works:

• You complete a sworn statement (affidavit) about the estate
• Present this document to the bank along with a death certificate
• The bank releases the funds without requiring full probate

State-specific thresholds (as of 2025):

• California: $208,850
• Texas: $75,000
• New York: $50,000

For example, if your aunt passed away with a $30,000 checking account in Texas and no beneficiary designation, you might be able to claim it with just a small estate affidavit rather than opening a probate case.

Finding Bank Accounts After Someone Dies

Before you can access an account, you need to know it exists. Here are some effective methods for locating a deceased person’s accounts:

1. Check their mail and home

   • Look for bank statements, checkbooks, ATM cards, or tax returns

2. Search their computer

   • Look for saved passwords, bookmarked banking websites, or financial software

3. Visit local banks

   • Bring the death certificate and your ID to inquire at banks near their home

4. Contact their employer

   • Their workplace will know where direct deposits were sent

5. Search unclaimed property databases

   • Check state controllers’ offices for unclaimed funds

Common Questions About Accessing Bank Accounts Without Probate

Can a power of attorney access bank accounts after death?

No. A power of attorney automatically terminates when the person dies. If someone uses a power of attorney to access accounts after death, they could face serious legal consequences.

Does a will override a beneficiary designation on a bank account?

No. Beneficiary designations almost always trump what’s written in a will. If a will states that an account should go to the children, but the POD beneficiary is the spouse, the spouse will receive the account.

Can a spouse access a deceased spouse’s bank account?

Only if they are:

• A joint account holder
• A designated POD/TOD beneficiary
• The executor/administrator of the estate
• The trustee of a trust containing the account

Being married doesn’t automatically grant access to the deceased spouse’s separate accounts.

Can you contest a bank account beneficiary designation?

Yes, but it’s challenging. Common grounds for contesting include:

• The account owner lacked mental capacity
• They were unduly influenced
• Fraud or forgery was involved

If you believe a beneficiary designation should be challenged, consult an attorney immediately, before the beneficiary claims the funds.

Can minors be beneficiaries on bank accounts?

Yes, but they can’t access the funds until they reach age 18 (in most states). If a minor inherits an account, a guardian will need to be appointed to manage the money until they come of age.

Important Steps When Dealing With Banks

When approaching a bank about a deceased person’s account, follow these steps:

1. Call ahead

   • Ask what specific documents they require
   • Request that the account be frozen to prevent fraud

2. Bring multiple copies of documents

   • Death certificate (certified copy)
   • Your ID
   • Any relevant legal papers (POA, letters testamentary, etc.)

3. Be prepared for resistance

   • Banks are cautious about releasing funds
   • Ask to speak with the bank’s estate department if you encounter issues

4. Keep detailed records

   • Document who you spoke with and when
   • Save copies of all paperwork submitted

Sample Script When Contacting Banks

Here’s a script I’ve used successfully when calling banks:

“Hello, my name is [Your Name]. I need to report the death of [Deceased’s Name], who passed away on [Date], and begin the process to claim their account. I’m the [beneficiary/joint owner/executor/trustee]. Could you please tell me exactly what documents I’ll need to bring and any forms I should complete beforehand?”

Avoiding Costly Mistakes

In my experience helping families, these are the most common errors people make:

1. Trying to access accounts without proper authority

   • This can lead to accusations of fraud

2. Using the deceased’s debit card or checks after death

   • Even joint owners should report the death promptly

3. Ignoring debts

   • While non-probate assets may be protected from some creditors, ignoring legitimate debts can create problems

4. Waiting too long

   • Unclaimed accounts may eventually be sent to the state’s unclaimed property division

Planning Ahead: Protect Your Family

If you’re reading this for planning purposes, take these steps now:

1. Add POD beneficiaries to all your bank accounts
   • This takes just minutes at your bank
2. Consider a living trust for larger estates
   • This provides more control than simple POD designations
3. Document all your accounts
   • Create a list of all bank accounts, investment accounts, and their locations
   • Store this information where your trusted person can find it
4. Review beneficiary designations annually
   • Life changes like marriage, divorce, births, and deaths may require updates

Bottom Line

Can you access a bank account without probate? Absolutely — if the proper arrangements were made beforehand through joint ownership, POD designations, trusts, or if the estate qualifies for small estate procedures.

Taking a few simple steps now can save your loved ones months of legal hassle and thousands in unnecessary fees later. And if you’re currently dealing with a loved one’s accounts, understanding these options could significantly simplify the process.

Remember, while this guide covers the basics, each situation is unique. When in doubt, a brief consultation with an estate attorney can provide peace of mind and prevent costly mistakes.

Have you dealt with accessing a deceased loved one’s accounts? What challenges did you face? Share your experiences in the comments below!

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Disclaimer: This article provides general information and should not be considered legal advice. Laws vary by state, and individual circumstances may require professional guidance.