Table of Contents
Key Takeaways
Why Banks Require a Death Certificate
Reason 1: To Confirm a Change in Trust Ownership
Reason 2: To Transfer Jointly Held Accounts
Reason 3: To Release Payable-on-Death Accounts
Reason 4: To Freeze Solely Owned Accounts Until Probate Begins
How The Grossman Law Firm Can Help
Related Resources
FAQ
Key Takeaways
- Banks require a death certificate to verify a person’s passing before transferring or releasing assets.
- Financial institutions use it to confirm trustee changes, remove deceased joint account holders, or release funds from payable-on-death accounts.
- When an account is held solely in the decedent’s name, the bank must freeze it until a personal representative is appointed by the probate court.
- The Grossman Law Firm assists families throughout California in navigating bank and probate issues during estate administration.
Why Banks Require a Death Certificate
When someone passes away, the emotional impact often overshadows the practical realities that follow. Yet, settling financial accounts is one of the first steps in the estate administration process.
At The Grossman Law Firm, we guide families through these requirements every day. One common question clients ask is, “Why is the bank asking for a death certificate?”
The answer lies in legal proof and proper procedure. Banks must confirm that an account holder has passed before transferring or freezing any funds. Below are the four main reasons this document is required.
Reason 1: To Confirm a Change in Trust Ownership
If the decedent’s accounts were held in the name of a trust, the bank must confirm the death of the original trustee. The death certificate officially documents this change, allowing the successor trustee to step in and manage or distribute the trust assets.
Under California Probate Code §16060, trustees have a duty to keep beneficiaries informed and verify when assuming authority — and the death certificate is often part of that process.
Reason 2: To Transfer Jointly Held Accounts
If the decedent shared a joint account — such as a checking or savings account with rights of survivorship — the death certificate allows the bank to transfer full ownership to the surviving co-owner.
Without this document, the bank cannot legally remove the deceased person’s name from the account. Once provided, the surviving party can continue using the account without interruption.
Reason 3: To Release Payable-on-Death Accounts
Many individuals establish “Payable on Death” (POD) or “Transfer on Death” (TOD) accounts that automatically pass to a named beneficiary. The bank must receive a certified copy of the death certificate to verify that the account owner has passed and release funds to the beneficiary.
This process typically avoids probate, but it still requires verification to prevent fraud or unauthorized access.
Reason 4: To Freeze Solely Owned Accounts Until Probate Begins
If the deceased person held a bank account solely in their name, the bank must freeze it once notified of their passing. The death certificate serves as official proof that triggers this freeze.
The funds will remain inaccessible until the probate court appoints a personal representative (executor or administrator) to manage the estate. Once appointed, that representative can present Letters Testamentary or Letters of Administration to the bank to access and distribute funds in accordance with California probate law.
How The Grossman Law Firm Can Help
Bank and probate procedures can be confusing — especially when you’re grieving. At The Grossman Law Firm, we assist families and beneficiaries throughout California in navigating the legal and financial steps that follow the passing of a loved one.
Attorney Scott Grossman and his team guide clients through every phase of probate and trust administration, including obtaining death certificates, accessing accounts, and ensuring assets are appropriately distributed.
If a bank has frozen an account or you’re unsure how to move forward, we can help you understand your options under California law.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Related Resources
- Overview of the California Probate Process
- Types of Petitions for Starting a California Probate Administration
- Know What You’re Getting Into: The Timeline of a Trust and Estate Lawsuit
- Can’t Afford a Probate or Trust Attorney?
FAQ
Do I need multiple copies of the death certificate?
Yes. It’s best to order several certified copies since banks, insurance companies, and other agencies each require one for verification.
Can I use a photocopy instead of a certified death certificate?
Most banks require a certified copy with an official seal. Photocopies are generally not accepted.
How long will the bank keep the account frozen?
It remains frozen until the court appoints a personal representative and issues the appropriate legal authority to access it.
What if I can’t locate the death certificate?
You can request certified copies from the county’s Office of Vital Records where the death occurred.
Originally Published Mar 5, 2018