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Bank accounts with named beneficiaries (called “payable-on-death” or POD designations) transfer directly to those people — no court involvement, no waiting. The beneficiary just needs a death certificate and valid ID.
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Joint accounts with rights of survivorship automatically belong to the surviving owner, though FDIC coverage drops from $500,000 to $250,000 after the six-month grace period.
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Accounts without beneficiaries, a will, or a trust go through probate court — a process that typically costs $1,500 to $7,000 in legal fees and can take six months or longer.
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Adding a beneficiary to your bank accounts takes about 10 minutes and is the single most effective step you can take to protect your family from unnecessary legal complications.
When someone dies, what happens to their bank accounts depends almost entirely on one thing: whether they set up a plan for that money. Accounts with a named beneficiary or joint owner transfer quickly — sometimes within days. Accounts without either can get stuck in probate court for months, costing families thousands in legal fees during an already difficult time.
The good news: the steps to avoid this are straightforward, and most banks let you set them up for free.
Four scenarios can play out, and the outcome depends on what the account owner set up while they were alive.
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If there’s a named beneficiary: This is the smoothest path. A beneficiary is someone specifically chosen to inherit the account. Banks call this a “payable-on-death” or POD designation. The beneficiary brings a certified death certificate and government-issued ID to the bank, and the funds transfer directly — no lawyers, no courts, no waiting. Most banks process these transfers within a few business days.
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If there’s a will with an executor: The will names an executor (the person legally responsible for distributing assets), but the executor can’t access the bank account until probate court grants permission. This requires submitting a certified death certificate, the original will, and a petition to the court. Probate timelines vary by state, but the process commonly takes three to six months even for simple estates.
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If there’s a trust with a trustee: A revocable living trust bypasses probate entirely. The trustee (the person managing the trust’s assets) can distribute the money according to the deceased’s wishes without court approval — as long as the bank account was properly titled in the trust’s name. If you’re considering this route, talk to an estate planning attorney about how to set up a trust.
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If there’s no planning at all: Without a beneficiary, will, or trust, the probate court appoints an administrator to handle everything. This person distributes assets according to your state’s intestacy laws — not the deceased person’s wishes. The process typically takes six months to over a year and can cost $1,500 to $7,000 or more in court and attorney fees.
