How to Access and Withdraw Money from a Deceased Person’s Bank Account During Probate in New York

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When someone passes away in New York, their bank accounts become part of their estate and generally require court supervision to access funds. Below is a step-by-step guide.

1. Check for Non-Probate Accounts

Determine if the account is payable-on-death (POD) or held in joint tenancy with right of survivorship (JTWROS). These designations allow direct transfer to the named beneficiary, bypassing probate. For accounts under $50,000 (excluding real property), you may use the small estate affidavit process under EPTL §5-1.6: EPTL §5-1.6.

2. Open a Probate Case

If the account had no POD or joint tenant, you must file in Surrogate’s Court in the county where the decedent lived. Submit the will (if available) or petition as an intestate estate. Under SCPA §1001, you petition to appoint a personal representative. Once approved, the court issues Letters Testamentary (with a will) or Letters of Administration (intestate): SCPA §1001.

3. Present Documents to the Bank

Take the following to the bank:

• Certified copy of the decedent’s death certificate.
• Original Letters Testamentary or Letters of Administration.
• Bank’s withdrawal or transfer form completed by the fiduciary.

The bank verifies your authority and releases funds accordingly. You can transfer funds to an estate account or withdraw to pay debts.

4. Pay Debts and Distribute Assets

Use estate funds to pay valid creditor claims and final taxes. After settling debts, distribute the remaining balance to heirs per the will or New York intestacy rules (EPTL Article 4).

5. Close the Estate

File a final accounting with the Surrogate’s Court. After court approval, obtain an order to close the estate and discharge the fiduciary under SCPA §2220: SCPA §2220.

Helpful Hints

• Keep copies of all court filings and bank forms.
• Confirm local Surrogate’s Court fees and required forms.
• Consult the bank in advance for any additional signature or notarization rules.
• Consider using the small estate procedure if total personal assets (excluding real property) do not exceed $50,000.
• Seek legal guidance for complex estates, contested wills, or creditor disputes.