What Happens to Bank Accounts And Probate?

When someone passes away, their assets, including bank accounts, go through a legal process called probate. This process ensures that the deceased’s debts are paid, and their remaining assets are distributed to their heirs according to the will (or state law if there’s no will). Bank accounts are a key part of this process. Understanding what happens to them can help beneficiaries and family members navigate probate more smoothly.

What Happens to Bank Accounts During Probate?

During probate, the deceased’s bank accounts are generally frozen. This means that no one can access or withdraw money from the accounts until probate is completed. Here’s a breakdown of what happens to different types of bank accounts:

1. Individual bank accounts: These accounts, held solely in the name of the deceased, are typically frozen as soon as the bank is notified of the account holder’s death. The funds in the account will be included in the probate process and eventually used to pay debts or distributed to beneficiaries.
2. Joint bank accounts: If the deceased held a joint bank account with another person (like a spouse), the surviving account holder often has immediate access to the funds. In most cases, joint accounts are not subject to probate because they automatically transfer to the surviving account holder.
3. Payable-on-death (POD) accounts: If the deceased had designated a beneficiary for a bank account, the funds in that account will go directly to the beneficiary once the bank is provided with a death certificate. These accounts bypass the probate process entirely.

When Are Bank Accounts Frozen?

Bank accounts are usually frozen when the bank receives notification of the account holder’s death. This notification can come from the executor, a family member, or sometimes from public records. Once the bank knows of the death, it will freeze any individual accounts in the deceased’s name, meaning no one can withdraw or transfer money from the account without legal authorization.

Frozen accounts remain inaccessible until the probate court gives permission for the executor to manage the estate. This can be frustrating for family members who need immediate funds, but it is a necessary part of ensuring that the deceased’s debts and taxes are paid before any inheritance is distributed.

How Are Bank Accounts Released After Probate?

Once the probate court has validated the will and appointed an executor, the executor can begin managing the deceased’s bank accounts. Here’s the general process:

1. Get letters of administration or letters testamentary: These documents, provided by the probate court, give the executor legal authority to access the deceased’s bank accounts and other assets.
2. Provide the bank with the necessary paperwork: The executor will need to present the letters of administration/testamentary and a death certificate to the bank. The bank may also require additional forms or information, depending on its policies.
3. Settle debts and taxes: The funds in the bank accounts are typically used to pay off any outstanding debts and taxes the deceased owed. If the estate doesn’t have enough liquid assets, some other property may need to be sold to cover these costs.
4. Distribute the remaining funds: After debts and taxes are paid, the remaining balance in the bank accounts can be distributed to the beneficiaries according to the will or state intestacy laws if there is no will.

How Can You Avoid Probate for Bank Accounts?

Avoiding probate can save time, reduce costs, and simplify the process for your heirs. Here are some ways you can set up bank accounts to avoid probate:

1. Joint ownership: As mentioned earlier, joint bank accounts with rights of survivorship automatically pass to the surviving owner without going through probate.
2. Payable-on-death (POD) accounts: You can name a beneficiary for your bank accounts, which allows the funds to bypass probate and go directly to the person you choose after your death.
3. Living trusts: You can place your bank accounts into a living trust. The trust owns the accounts, and when you die, the assets are distributed to your beneficiaries according to the terms of the trust, without needing to go through probate.
4. Small estate exemptions: Some states have streamlined probate processes for small estates. If the value of the estate, including bank accounts, is below a certain threshold, you may be able to avoid formal probate altogether.

What About Debts? Can Creditors Access Bank Accounts?

Yes, creditors can access the funds in the deceased’s bank accounts to settle outstanding debts. The executor is responsible for paying off the deceased’s debts before distributing any assets to the beneficiaries. This means that if the deceased owed money, such as credit card debt or medical bills, those debts will typically be paid using the funds in the bank accounts.

If the bank accounts don’t have enough money to cover the debts, other assets in the estate, like property or investments, may need to be sold. However, if the estate is insolvent (meaning it doesn’t have enough assets to cover its debts), some creditors may not get paid in full.

Are Bank Accounts Taxed During Probate?

The money in bank accounts may be subject to taxes during probate. There are two primary types of taxes that could affect the accounts:

1. Estate taxes: These are taxes imposed on the total value of the deceased’s estate. However, only estates that exceed a certain value are subject to estate taxes, and this threshold varies by state and federal law. Most estates do not have to pay estate taxes because they fall below the exemption amount.
2. Income taxes: If the bank account earns interest, that interest may be subject to income taxes during the probate process. The executor will need to file a final tax return on behalf of the deceased, which may include any income earned by the bank accounts up to the date of death.

What Are the Executor’s Responsibilities with Bank Accounts?

The executor plays a key role in managing the deceased’s bank accounts during probate. Their duties include:

• Notifying the bank: The executor must inform the bank of the account holder’s death. Provide the necessary documentation to freeze and eventually access the accounts.
• Gathering information: The executor must collect all details about the deceased’s bank accounts, interest earned, and any pending transactions.
• Managing debts: The executor must ensure that any outstanding debts and taxes. Expenses are paid using the funds in the bank accounts.
• Distributing assets: Once debts and taxes are paid. The executor is responsible for distributing the remaining funds in the bank accounts to the beneficiaries according to the will.

What Happens If There Is No Will?

If someone dies without a will, their estate (including bank accounts) goes through a process called intestate probate. In this case, state law determines who will inherit the deceased’s assets. Generally, this means that the estate is divided among the closest family members, such as a spouse, children, or parents. The court will appoint an administrator (similar to an executor) to handle the estate.

Bank accounts that are not jointly owned.  Do not have a named beneficiary will be frozen and subject to the intestate probate process. The administrator will follow state laws to distribute the funds to the appropriate heirs.

Common Mistakes to Avoid with Bank Accounts During Probate

Navigating probate can be complicated, especially when bank accounts are involved. Here are some common mistakes to avoid:

• Not notifying the bank promptly: Delaying notification can lead to complications. Unauthorized transactions or missed opportunities to pay debts.
• Failing to check for POD accounts or joint ownership: Always verify if any accounts have a designated beneficiary or co-owner. As these will bypass probate.
• Overlooking small balances: Even small bank accounts need to be included in the probate process. Ignoring them could lead to legal issues later on.
• Not keeping clear records: Executors should keep detailed records of all transactions related to the bank accounts during probate to ensure transparency.

Conclusion

Bank accounts play an important role in the probate process. Their individual accounts are typically frozen until the probate court gives the executor legal authority to access them. The funds are then used to pay off debts and taxes before being distributed to beneficiaries. However, there are ways to avoid probate, such as through joint accounts or payable-on-death designations. Executors must carefully manage these accounts to ensure that all legal and financial obligations are met during probate. By understanding what happens to bank accounts during probate, you can be better prepared for this complex legal process.