When a loved one passes away, questions about money and access to bank accounts often arise. One of the most common concerns is “are joint bank accounts frozen during probate?”
Understanding the rules can save families from
unnecessary stress at an already difficult time.
In most cases, the answer is no. Joint bank
accounts are usually set up with a “right of survivorship”. This means that
when one account holder dies, the surviving account holder automatically takes
full ownership of the account. The bank simply updates its records once it
receives the death certificate, and the surviving partner can continue using
the account without waiting for probate.
When Might a Joint
Account Be Frozen?
Although rare, there are situations where a
joint account could be frozen during probate:
Disputes over
ownership - If
there’s doubt about whether the funds truly belong to both parties or just the
deceased, the executor may request a freeze until matters are clarified.
Outstanding debts - If the estate has significant
debts or tax liabilities, a court may intervene to ensure creditors are paid.
No survivorship clause - In some cases, particularly older
accounts, the joint account may not include the right of survivorship. If
that’s the case, the deceased’s share of the account passes into the estate and
probate rules apply.
What If a Joint Bank
Account Is Frozen During Probate?
If a joint account is frozen, access will be
restricted until probate is granted and the estate is settled. The surviving
account holder may need to provide evidence that some or all of the money is
theirs. This can be frustrating, but keeping clear records of income and
contributions to the account can help resolve disputes faster.
The join bank account isn’t frozen during the
probate. They transfer smoothly to the surviving holder. But complications can
arise in specific circumstances. If you’re worried about what might happen,
it’s wise to review how your joint accounts are structured and consider taking
legal advice to avoid surprises later.