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.