What Happens to Bank Accounts When Someone Dies in Victoria?

When someone dies, dealing with their finances is one of the first practical issues their family and loved ones may need to address.

Many people have questions about what happens to a deceased person’s bank account, including:

  • Are bank accounts frozen after death?
  • Who can access the money?
  • Can family members withdraw funds?
  • What happens to joint bank accounts?
  • Does the executor automatically get access?
  • How are bank accounts distributed to beneficiaries?

The answer depends on several factors, including whether the account was held solely or jointly, whether the person left a valid Will, whether probate is required, and who has legal authority to manage the deceased estate.

In Victoria, bank accounts form part of the broader estate administration process. Executors and administrators must identify, protect and deal with the deceased person’s assets according to Victorian succession law.

This guide explains what happens to bank accounts after someone dies in Victoria, who can access funds, and how these assets are handled during estate administration.

Are Bank Accounts Frozen When Someone Dies in Victoria?

When a bank is notified that a customer has passed away, accounts held solely in that person’s name are generally restricted.

This is often done to protect the deceased person’s assets and ensure that money is dealt with correctly as part of the estate administration process.

A bank may restrict access to prevent:

  • Unauthorised withdrawals
  • Misuse of bank cards or online banking
  • Disputes between family members or beneficiaries
  • Incorrect distribution of estate assets

However, a frozen account does not mean the money is lost. The funds become part of the deceased estate and must be managed by the person legally responsible for administering the estate.

This is usually the executor named in the Will or an administrator appointed by the Court.

Who Can Access a Deceased Person’s Bank Account?

Access to a deceased person’s bank account depends on whether someone has legal authority to deal with the estate.

The Executor Named in the Will

If the deceased left a valid Will, the executor appointed in that document is responsible for administering the estate.

The executor’s responsibilities may include:

  • Identifying bank accounts and financial assets
  • Collecting money owed to the estate
  • Paying debts and expenses
  • Keeping records of transactions
  • Distributing remaining assets to beneficiaries

In many cases, banks require the executor to provide documents such as the death certificate, the Will and evidence of authority before releasing information or allowing transactions.

Where required, the executor may also need to obtain a Grant of Probate from the Supreme Court of Victoria.

A Grant of Probate confirms that the Will is valid and gives the executor formal authority to deal with estate assets.

An Administrator Appointed by the Court

If a person dies without a Will, they are said to have died intestate.

In these circumstances, there is no executor appointed by the deceased.

Instead, an eligible person may need to apply for Letters of Administration through the Supreme Court of Victoria.

Once appointed, the administrator has authority to manage the estate, including dealing with bank accounts.

The distribution of the estate will then occur according to the intestacy rules contained in the Administration and Probate Act 1958 (Vic).

What Happens to Joint Bank Accounts After Someone Dies?

Joint bank accounts are treated differently from accounts held solely by the deceased.

In many situations, when one account holder dies, ownership of the account may pass to the surviving account holder.

For example, if spouses hold a joint everyday bank account, the surviving spouse may usually continue accessing that account.

However, joint accounts can sometimes create disputes, particularly where there are questions about:

  • Who contributed money to the account
  • Whether the account was intended to be jointly owned
  • Whether another person was only assisting the deceased with banking
  • Whether the deceased’s share should be considered part of the estate

For example, an elderly parent may add an adult child as a joint account holder to help manage bills. After the parent’s death, other beneficiaries may question whether the money belonged entirely to the child or whether it should form part of the estate.

These situations can involve complex legal considerations and may require advice from a Wills and Estates lawyer.

Can Someone Withdraw Money From a Deceased Person’s Bank Account?

Generally, no.

Once someone has passed away, family members and beneficiaries should not withdraw money from their accounts unless they have legal authority to do so.

Using a deceased person’s bank card, online banking access or transferring money without authority may create legal issues.

Examples of potentially improper conduct include:

  • Withdrawing cash after the person has died
  • Transferring funds into a personal account
  • Using the deceased’s account to pay personal expenses
  • Removing money before the executor has properly administered the estate

Executors have a duty to protect estate assets and act in the interests of beneficiaries.

If money has been improperly removed from an estate, beneficiaries may have options to seek recovery of those funds.

Can an Executor Use Money From a Deceased Person’s Bank Account?

Yes, but only for legitimate estate purposes.

An executor may use estate funds to pay expenses associated with administering the estate, including:

  • Funeral expenses
  • Outstanding debts
  • Legal fees
  • Probate costs
  • Tax obligations
  • Property maintenance expenses

Executors must keep proper records of estate transactions and be able to account for how money has been used.

An executor cannot treat estate funds as their own money or distribute assets before completing the necessary administration steps.

Do Beneficiaries Have a Right to See Bank Account Information?

Beneficiaries do not usually have direct access to the deceased person’s bank accounts.

The executor is responsible for managing the estate and communicating relevant information to beneficiaries.

However, beneficiaries may have concerns if an executor:

  • Refuses to provide updates
  • Does not explain delays
  • Cannot account for estate assets
  • Appears to have used estate money improperly

Executors must properly administer the estate and maintain appropriate records.

Where concerns arise, beneficiaries may seek legal advice about their rights and whether further action is required.

What Happens to Bank Accounts If Someone Dies Without a Will?

If someone dies without a valid Will, their estate is distributed according to the rules of intestacy.

In Victoria, intestacy laws determine who may inherit from the estate.

The outcome depends on the deceased person’s circumstances, including whether they had:

  • A spouse or domestic partner
  • Children
  • Parents
  • Other surviving relatives

Without a Will, the deceased has no control over who receives their assets.

This is one reason why having a properly prepared and regularly updated Will is an important part of estate planning.

How Long Does It Take to Access a Deceased Person’s Bank Account?

There is no set timeframe because every estate is different.

The process may depend on:

  • The size and complexity of the estate
  • Whether probate is required
  • Whether there are disputes between beneficiaries
  • Whether assets need to be sold
  • Whether the deceased had multiple accounts or financial interests

A straightforward estate may be finalised relatively quickly, while more complex estates involving property, businesses, trusts or disputes may take significantly longer.

What Documents Are Needed to Access a Deceased Person’s Bank Account?

Banks will usually require evidence that the person requesting access has authority to act.

Documents may include:

  • Death certificate
  • Copy of the Will
  • Identification documents
  • Grant of Probate
  • Letters of Administration
  • Evidence of executor or administrator appointment

Each bank has its own process and requirements.

Executors should contact the relevant financial institution as early as possible to understand what documents are required.

Common Mistakes When Dealing With Deceased Bank Accounts

Families often make mistakes when trying to manage finances after a death.

Common issues include:

Using the deceased person’s account after death

Even if someone knows the PIN or has access to online banking, they should not continue using the account without authority.

Distributing money too early

Executors should not distribute estate funds before confirming debts, liabilities and possible claims.

Failing to identify all accounts

Some deceased people may have multiple accounts, including:

  • Savings accounts
  • Term deposits
  • Investment accounts
  • Superannuation-related accounts

A thorough estate administration process helps ensure assets are properly identified.

Not keeping records

Executors should maintain clear records of transactions, payments and decisions made during administration.

How to Make Managing Bank Accounts Easier After Death

Good estate planning can make the administration process easier for loved ones.

Steps that may help include:

  • Preparing a valid Will
  • Keeping financial information organised
  • Updating beneficiary nominations where appropriate
  • Reviewing estate planning documents regularly
  • Appointing a suitable executor
  • Discussing wishes with family members

The Australian Taxation Office (ATO) and financial institutions may also require specific information when dealing with deceased estates, particularly where tax obligations or financial reporting requirements apply.

Need Help Managing a Deceased Estate in Victoria?

Dealing with bank accounts after someone’s death can be complicated, particularly when there are multiple beneficiaries, unclear ownership arrangements or concerns about how an estate is being managed.

The Wills and Estates team at Irvine Lawyers assists clients throughout Victoria with:

Whether you are an executor needing guidance or a beneficiary concerned about an estate, our experienced lawyers can help you understand your rights and obligations.

Contact Irvine Lawyers today to discuss your deceased estate matter and receive tailored legal advice.

Frequently Asked Questions

An executor may be able to access and manage bank accounts once they provide the required authority and documentation.

Generally, no. Money should only be accessed by someone with legal authority to administer the estate or where they are a legitimate joint account holder.

Savings accounts held solely by the deceased usually become part of the estate and are dealt with by the executor or administrator.

Often they pass to the surviving account holder, but this depends on the circumstances surrounding ownership and contributions to the account.

The timeframe varies depending on the estate. Probate applications, asset complexity and disputes can all affect how long administration takes.

Facebook
Twitter
LinkedIn