What Happens to Bank Account When Someone Dies Without a Will UK

When someone dies without a will in the UK, one of the biggest questions families face is: what happens to their bank account? In most cases, banks freeze the account until the estate is managed under intestacy law. Accessing the money depends on whether it’s a sole or joint account, the size of the estate, and who is legally entitled to inherit. This guide explains everything you need to know about what happens to bank account when someone dies without a will UK, from frozen accounts to probate, debts, and inheritance rules.

What Happens to Bank Account When Someone Dies Without a Will UK?

When someone dies without leaving a will, their estate — which includes their bank accounts — must be managed under UK intestacy law. The very first step is for the family to notify the bank about the death, usually by providing a copy of the death certificate. Once the bank has this notification, they will freeze the deceased person’s sole accounts to protect the money until it can be legally released to the rightful heirs.

This freezing of accounts is not meant to cause hardship, but to prevent fraud, unauthorised access, or disputes. The funds will stay safe until a personal representative (called an Administrator when there is no will) is appointed to handle the estate.

What is the difference between sole and joint accounts?

Account Type	What Happens After Death	Access to Funds	Legal Process Required
Sole Account	The bank freezes the account immediately once notified of death.	No one can withdraw or transfer money until the estate is legally handled.	Yes – Probate (if there’s a will) or Letters of Administration (if no will exists) are required before funds are released.
Joint Account	The account usually stays active under the surviving account holder’s name.	The surviving holder continues to access and use the funds without interruption.	No – Money passes automatically under the right of survivorship, though inheritance tax may apply.

Who can access the bank account of a deceased person without a will?

When there is no will, family members often assume they can automatically access the money, but this is not the case. Banks will only release funds to someone who has legal authority. That person is known as the Administrator.

Who is eligible to become an Administrator?

The order of priority under intestacy law usually goes:

• Spouse or civil partner

• Children (over 18)

• Parents

• Siblings

• Other relatives

No one can access the account without formal documents such as Letters of Administration.

How does intestacy law affect bank accounts in the UK?

Intestacy law is the set of rules that apply when someone dies without a will. These rules determine who inherits the money in the bank account and other assets.

What is the order of inheritance under intestacy?

Family Situation	Who Inherits the Bank Account and Estate?
Married/civil partner with children	Spouse gets the first £322,000 + personal possessions + half of remaining estate. Children share the other half.
Married/civil partner without children	Entire estate, including bank accounts, goes to the surviving spouse or civil partner.
No spouse, but children	Children inherit everything equally.
No spouse, no children	Parents, siblings, nieces/nephews, and other relatives inherit in strict legal order.
No living relatives	Estate, including bank accounts, passes to the Crown (bona vacantia).

What happens if no relatives exist?

The estate, including bank accounts, passes to the Crown through a process called bona vacantia.

Do banks freeze accounts immediately after death?

Yes, once a bank has been notified of someone’s death, they will freeze all sole accounts. This means:

• Standing orders and direct debits stop.

• Debit cards are cancelled.

• No withdrawals or transfers can be made.

This process protects the estate from misuse.

Are there exceptions to account freezing?

There are two main exceptions:

1. Joint accounts – These remain open in the name of the surviving account holder, who can continue to use the funds without interruption.

2. Funeral expenses and urgent bills – Some banks may allow access to pay for funeral costs or essential household bills directly, even before probate or Letters of Administration is granted. This provides some relief to families managing immediate expenses.

What documents are needed to release funds from a deceased person’s bank account in the UK?

Every bank requires certain documents before they release funds. This prevents fraud and ensures the right people inherit the money.

Which documents do banks usually require?

Most banks will ask for:

• The official death certificate

• Proof of your identity and relationship to the deceased (passport, driving licence, marriage certificate if a spouse)

• The Grant of Letters of Administration (since there is no will)

• Bank-specific forms to claim or transfer funds

Without these, the bank will not process the release of funds.

Do banks have small estate thresholds?

Yes. Each bank sets a limit below which they will release funds without requiring probate. These limits vary:

If the account balance is below the limit, you may only need the death certificate and proof of identity, which makes the process much quicker.

What happens if the estate is small and doesn’t require probate?

How do banks handle small estates?

If the estate is under the bank’s threshold:

• Provide death certificate and ID.

• Complete a statutory declaration (sometimes).

• Bank releases funds more quickly, often within weeks.

How are debts and outstanding payments handled when someone dies without a will?

A common misconception is that debts are inherited by family members. This is not true in the UK. Debts are paid out of the deceased person’s estate before anyone inherits.

Who pays the debts of the deceased?

The Administrator is responsible for using money from the estate, including bank accounts, to pay off debts. Only after all debts are settled can the remaining money be distributed to heirs.

What is the order of repayment?

Debts are repaid in a legal priority:

1. Funeral expenses (covered first by the estate)

2. Secured debts (such as a mortgage)

3. Unsecured debts (credit cards, personal loans, overdrafts)

Are family members personally responsible?

Generally, no. Family members are not liable for debts unless:

• They were joint borrowers (e.g., joint mortgage or loan).

• They acted as guarantors for the deceased’s debt.

If the estate doesn’t have enough money to pay all debts, creditors may not get their full repayment.

What happens to joint bank accounts if someone dies without a will in the UK?

Do joint accounts automatically transfer to the surviving partner?

Yes. In most cases, joint bank accounts pass automatically to the surviving holder through the right of survivorship. This means they are not frozen and do not form part of the deceased’s estate for probate purposes.

Can disputes or tax still apply?

While the process is usually straightforward, two issues can still arise:

• Inheritance tax – HMRC may assess inheritance tax on the deceased’s notional share of the joint account.

• Disputes – If one partner contributed most of the money, other family members may challenge the automatic transfer.

How long does it take to access money from a bank account after death without a will?

What is the timeline without probate?

For small estates under the bank’s threshold, money can sometimes be released within a few weeks. This depends on how quickly the family provides documents and how efficient the bank is.

How long with probate or Letters of Administration?

If probate (or Letters of Administration) is required, the process typically takes 3 to 9 months. Complex estates, disputes, or missing paperwork can delay this further, sometimes for over a year.

Can banks release money for funeral expenses without a will?

What proof is needed for funeral payments?

Yes, banks often release money directly for funeral expenses before probate. To do this, they normally require:

• A certified death certificate

• The funeral director’s invoice (not just a quote)

• Proof of your identity

The bank then pays the funeral director directly. This ensures the estate covers funeral costs without placing financial strain on the family.

What steps should families take immediately after someone dies without a will in the UK?

Which steps are essential in the first weeks?

1. Register the death within five days.

2. Notify the bank quickly.

3. Collect financial paperwork.

4. Apply for Letters of Administration if needed.

5. Seek legal advice if the estate is complex.

Conclusion: What really happens to bank accounts when someone dies without a will in the UK?

When someone dies without a will, their bank accounts are frozen until the estate is settled through intestacy rules. Joint accounts usually continue for the survivor, but sole accounts require probate or Letters of Administration. Small estates are simpler, while large estates can take months to settle.

Planning ahead by creating a will ensures your money is handled exactly as you wish and avoids stress for your loved ones.

FAQs on what happens to a bank account when someone dies without a will UK

Can I use a deceased person’s bank account to pay for their funeral?

No, you cannot access the account directly, but banks will release funds to pay funeral directors if you provide the invoice and death certificate.

Why should you not tell the bank when someone dies?

You should always notify the bank, because hiding a death and using the account afterwards is considered fraud.

Who inherits if a person dies without a will in the UK?

Inheritance follows intestacy rules, with the spouse or civil partner first, then children, then other relatives in strict order.

Can next of kin withdraw money from deceased bank account in the UK?

No, next of kin cannot withdraw funds without legal authority such as probate or Letters of Administration.

Will UK banks release money without probate?

Yes, but only if the balance is under the bank’s small estate threshold (typically £20,000–£50,000).

What happens if no beneficiary is named on a bank account?

The money becomes part of the estate and is distributed according to intestacy law or the terms of probate.