When a person dies without a will, they are said to have died intestate. This means their estate, including their bank accounts, is distributed according to the UK’s rules of intestacy. If you are a relative of someone who has passed away without a will, you may be wondering how to access their bank accounts and what legal steps you need to take.
At Fraser Bond, we provide expert guidance on estate management, probate, and property inheritance to help families navigate this complex process.
When someone dies, their bank accounts are frozen by the bank as soon as they are notified of the death. No money can be withdrawn from the account unless the person accessing it has the legal authority to do so.
The process varies depending on:
If the deceased had a sole bank account, the funds do not automatically transfer to family members. Instead, they become part of the estate and must be distributed according to intestacy laws.
Only the administrator of the estate (the person legally responsible for handling the deceased’s assets) can claim funds from the bank. To do this, they must:
✅ Provide a death certificate to the bank.
✅ Apply for Letters of Administration (legal permission to manage the estate).
✅ Follow the rules of intestacy to distribute the money.
If the total estate (excluding property) is under £5,000 - £50,000, some banks may release funds without probate at their discretion. This process is known as the small estates procedure. The next of kin will need to provide:
Each bank has different limits for small estates, so it’s important to check with the deceased’s bank.
If the deceased had a joint bank account, the funds automatically pass to the surviving account holder under the right of survivorship.
✅ The surviving account holder can continue using the account.
✅ The bank may ask for a death certificate to update the records.
✅ The money in the joint account does not form part of the estate.
If the bank account forms part of the deceased’s estate and there is no will, the rules of intestacy determine who inherits the money. In England and Wales, the order of inheritance is:
1️⃣ Spouse or Civil Partner – Inherits everything if there are no children. If there are children, the spouse gets the first £322,000 plus half of the remaining estate.
2️⃣ Children – If there is no surviving spouse, the children inherit everything equally.
3️⃣ Parents – If no spouse or children exist, parents inherit the estate.
4️⃣ Siblings – If no parents are alive, full siblings inherit the money.
5️⃣ More Distant Relatives – If no close relatives exist, cousins or extended family may inherit.
6️⃣ The Crown (Bona Vacantia) – If no relatives can be found, the estate goes to the government (Crown Treasury).
To access a deceased person’s bank account, follow these steps:
1️⃣ Notify the Bank – Provide the death certificate and details of the account.
2️⃣ Apply for Letters of Administration – If probate is needed, apply through the UK Probate Registry.
3️⃣ Provide Identification & Proof of Relationship – Banks may request ID and proof that you are legally entitled to claim the funds.
4️⃣ Distribute the Funds According to Intestacy Laws – The administrator must ensure money is divided fairly among heirs.
At Fraser Bond, we assist families with estate administration, probate applications, and inheritance matters. Whether you need help accessing bank accounts, applying for Letters of Administration, or understanding your legal rights, our experts are here to guide you.
