Accessing a Deceased Person’s Bank Account During Illinois Probate

Disclaimer: This article does not provide legal advice. It offers general information on Illinois probate procedures.

Detailed Answer

When a person dies in Illinois, their assets—including bank accounts—become part of the estate. You generally cannot withdraw funds until you either use the small estate procedure or obtain court-issued authority. Below are the primary steps under Illinois law.

1. Small Estate Affidavit (Under $100,000)

If the decedent’s total personal property (excluding real estate) is under $100,000, you can use the Small Estate Affidavit process under 755 ILCS 5/24-1:

Wait at least 45 days after the date of death.
Complete an Affidavit for Collection of Personal Property Without Administration.
File the affidavit with the circuit court clerk in the county where the decedent lived.
Present the filed affidavit, a certified death certificate, and photo ID to the bank.

Upon receipt, the bank must release funds up to the statutory limit. (See 755 ILCS 5/24-1).

2. Formal Probate and Letters of Office

If the estate exceeds the small estate threshold or includes real property, follow traditional probate under 755 ILCS 5/18-1 et seq.:

File a probate petition in the circuit court of the county where the decedent resided.
Submit the original will (if one exists) and a certified death certificate.
Request issuance of Letters of Office appointing a Personal Representative (755 ILCS 5/18-2).
Provide the bank with certified Letters of Office and the death certificate.
Maintain detailed records of all account withdrawals for estate accounting.

The Personal Representative has authority to collect and manage estate assets per 755 ILCS 5/18-6.

3. Joint Accounts and Payable-on-Death (POD) Designations

Accounts titled jointly with rights of survivorship or with POD beneficiaries bypass probate. The surviving account holder or named beneficiary presents a death certificate and photo ID to the bank to access funds immediately. Review your bank’s specific requirements.

4. Common Bank Requirements

Banks typically require:

Certified copy of the death certificate.
Original Letters of Office or filed Small Estate Affidavit.
Valid photo identification of the representative or beneficiary.
Bank’s own affidavit or forms authorizing fund release.

Helpful Hints

Order multiple certified death certificates early; you’ll need them for banks and government agencies.
Value all personal property before choosing the small estate route.
Check your county circuit court’s website for probate forms, filing fees, and local rules.
Keep meticulous records of every transaction and correspondence with the bank.
Consider consulting an attorney if the estate faces creditor disputes, claims, or complex assets.