Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for advice specific to your situation.

Accessing a Deceased Person’s Bank Account During Texas Probate

Detailed Answer

When someone dies, their assets—including bank accounts—usually become part of their estate. In Texas, you generally cannot withdraw funds until you have legal authority from a probate court or qualify under a limited exception. Below are the primary methods to access and withdraw funds.

1. Collection Without Administration (No Formal Probate)

If the decedent’s estate consists solely of cash, bank accounts, or other personal property and the total value is modest, Texas Estates Code § 405.001 allows certain heirs or the surviving spouse to collect assets within 30 days of death without full probate. To qualify:

• The estate must not require formal administration.
• The requester must be a surviving spouse, heir, or beneficiary.
• You must present an affidavit and certified death certificate to the bank.

See Texas Estates Code § 405.001: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.405.htm#405.001.

2. Small Estate Affidavit for Motor Vehicles

While Texas does not offer a broad small‐estate affidavit for bank accounts, it does allow a simplified process to transfer motor vehicles under Texas Transportation Code § 501.023. Unfortunately, bank accounts lack a similar statewide shortcut, so banks typically require probate letters or beneficiary designations.

3. Independent Administration (Formal Probate)

If the estate exceeds limits for collection without administration or if there’s a will, you may open an independent administration:

1. File an application in the county probate court to become independent executor. Texas Estates Code § 401.001 outlines eligibility.
   https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm#401.001
2. Notify heirs and creditors as required by court rules.
3. Obtain Letters of Testamentary or Letters of Administration.
4. Present your letters to the bank. Banks accept probate letters as legal proof authorizing you to withdraw funds.

4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts

Some accounts designate a POD or TOD beneficiary. If the decedent named a beneficiary, the bank should release funds directly to that person upon presentation of:

• Certified death certificate
• Account statement
• Valid ID of the beneficiary

Helpful Hints

• Gather essential documents: death certificate, will (if any), account statements, and photo ID.
• Contact the bank early to learn its specific requirements for probate or beneficiary claims.
• Keep detailed records of all communications and transactions.
• File for independent administration only if necessary; it’s more cost‐effective than full probate.
• Consider informal resolution: some banks permit small withdrawals for immediate needs once provided an affidavit.
• Beware of creditor claims—limit withdrawals until debts and taxes are addressed.