My loved one has died and I need to access their bank account

What is an estate bank account? How do I open a checking account for estate assets?


Answer

When someone dies, you will not automatically be able to access their bank accounts unless you are a named joint owner on the account. You need to be appointed the estate fiduciary by the Surrogate's Court first. A fiduciary is the person who is responsible for protecting the deceased person's property and accounts until all the estate's debts have been paid, and then distributing the assets that are left to the people named in the deceased person's will, or to the beneficiaries designated by law if there was no will. The fiduciary is also known as the executor when there is a will for the estate, or the administrator when there is no will. For a small estate worth less than $50,000, the fiduciary is called a voluntary administrator. 

The Surrogate’s Courts understand that the time after a family member or close friend dies is difficult and that many responsibilities must be resolved quickly. Because the deceased person’s funds can only be released to a fiduciary or administrator, Surrogate’s Courts process filings as quickly as staffing allows.

One of the fiduciary's duties is to collect the deceased person’s assets from debtors, transfer agents, banks, and/other financial institutions where the sole custodian is the decedent. The Surrogate’s Court issues letters testamentary (when there is a will), letters of administration (when there is no will) or a certificate of voluntary administration (for small estates) for each asset that needs to be collected.

The fiduciary must then open an estate bank account in a bank, trust company, savings bank, savings and loan association or federal savings and loan association in the state of New York and deposit all of the decedent's funds into the estate bank account (SCPA 1307). Administration expenses must be paid out of the estate bank account. All deposits, payouts, and withdrawals must be documented for the fiduciary's accounting. To open an estate bank account, the fiduciary will need both the authority from the Surrogate's Court (letters testamentary, letters of administration, or certificate of voluntary administration), and must get an “EIN – Employer Identification Number” from the IRS

There is more information about a fiduciary's responsibilities in the links below. 

  • Last Updated Aug 19, 2025
  • Views 1052
  • Answered By Librarian 1

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