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

Introduction

When someone you love passes away, it’s an emotional and often overwhelming time, especially when they haven’t left behind a will. Among the most pressing financial concerns is understanding what happens to their bank account. Who can access it? Is it frozen? What steps do you need to take?

This guide offers a clear and supportive explanation of what happens to a bank account when someone dies without a will in the UK. Whether you’re navigating the estate of a deceased relative or planning to protect your own loved ones, this guide will help you understand your rights, responsibilities, and the legal process involved.

What happens to a bank account when someone dies without a will in the UK?

If a person dies without making a will—referred to as dying intestate—their estate, including any bank accounts, is distributed according to UK intestacy laws. One of the first actions banks take is to freeze the deceased’s accounts.

What Freezing a Bank Account Means:

• No transactions can be processed: Direct debits, standing orders, and card payments are immediately halted.

• Access is restricted: Family members, including a spouse or adult children, cannot use or withdraw from the account without legal authorisation.

• Protective measure: This freeze ensures the funds remain secure while the estate is being legally managed.

Who can access the bank account of someone who died without a will?

When there’s no will, access doesn’t happen automatically. You need to apply for something called Letters of Administration, which gives legal permission to manage the person’s estate.

Typically, the following people can apply:

• A spouse or civil partner
• Adult children

• Depending on the family structure, parents or siblings

Once granted, the person who applied becomes the administrator of the estate. They’ll be responsible for collecting funds from the bank account and using them to settle debts, bills, and finally distribute what’s left to the correct heirs.

How do you notify the bank, and what happens next?

Notifying the bank is one of the first steps after someone passes away.

Step-by-step process:

1. 1. Register the death with the local registry office and obtain several official death certificates.

   2. One of the first things to do after someone dies is to notify the bank.

   3. To stop fraud or abuse, the bank freezes the account.

   4. Apply for Letters of Administration via the probate office (if no will exists).

   5. Submit the legal documents to the bank once approved.

   6. Bank releases the funds and allows closure or transfer of the account.

Tip: Use the Death Notification Service (DNS) to inform multiple UK banks and financial institutions simultaneously, saving time and effort.

What happens to the money in the bank account? – If someone died without a will.

The money is utilized to: once access is granted.

• Outstanding debts (loans, credit cards, utility bills)

• Funeral expenses

• Inheritance Tax (if applicable)

• Distribution to heirs as defined by UK intestacy law

If someone dies without a will, UK intestacy laws

• The spouse receives the following if they are married or in a civil partnership:
  • Personal possessions
  • The first £322,000 of the estate
  • Half of the rest, assuming any kids are present
• Children get the other half
• No spouse or children? Under a strict legal order, the inheritance is distributed to parents, siblings, or their relatives.

Note: Unmarried partners, close friends, or stepchildren are not entitled to any inheritance unless they are specifically named in a will.

How can you avoid complications by making a will?

Making a will may seem like a chore, but it’s the best way to protect your family and make sure your wishes are respected.

Why having a will matters:

• Who gets your money, assets, and property is up to you.

• Unmarried partners and stepchildren can be provided for.

• The estate can be administered faster and with less stress for your family.

• You choose trusted individuals to handle your affairs (executors).

• Avoids disputes, especially in blended families or complex estates

You have the option of drafting a fundamental will either online or through a lawyer. If you have a large or complex estate, it’s a good idea to get legal advice.

Why Wait 6 Months After Probate?

1. Protection from Claims Under the Inheritance (Provision for Family and Dependents) Act 1975

The main reason for the 6-month wait is to protect the executor or administrator from legal claims. Under UK law:

• Certain people (like spouses, children, or dependants) can challenge the estate distribution if they believe they were not adequately provided for.

• They have 6 months from the date probate is granted to make a claim.

If an executor distributes the estate before this 6-month window closes and a claim is made, they could be personally liable for redistributing the funds.

2. Allowing Time for Debts or Unknown Assets to Surface

During this period, creditors or financial institutions may come forward with:

• Outstanding debts (e.g. unpaid loans or tax liabilities).

• Extra assets (such as pensions or savings accounts that have been neglected).

Waiting ensures the estate is fully accounted for before distribution, avoiding errors or shortfalls.

3. Minimizing Personal Risk to Executors

Executors are personally responsible for correctly handling the estate. By waiting 6 months:

• They reduce the risk of having to recover money already paid out.

• They give themselves time to ensure all taxes (especially inheritance tax) and debts are settled.

Can You Distribute the Estate Before 6 Months?

Yes, you can, but it comes with risks:

• You may need beneficiaries to sign an indemnity confirming they’ll return money if a valid claim arises.

• Executors might still be held liable if they acted negligently or too hastily.

When You Don’t Need Probate

The legal procedure that grants someone the power to manage a deceased person’s estate is called probate. However, probate isn’t always needed. You typically don’t need probate if:

• The estate is modest; depending on the bank, it is often less than £5,000 to £50,000.

• The bank account was held jointly — ownership automatically passes to the surviving account holder.

• All assets are in joint names or are nominated directly to beneficiaries (e.g. some pensions or life insurance).

Each bank has its own threshold, so you must contact the bank to find out their specific requirements for releasing funds without probate.

How Much Does an Estate Have to Be Worth to Go to Probate UK?

There’s no fixed legal minimum, but probate is generally required if:

• The deceased held more than £5,000–£50,000 in solely held assets.

• There’s property to be sold or transferred.

• There are shares, investments, or premium bonds.

Different banks and financial institutions have varying thresholds, typically ranging between £15,000 and £50,000. If the estate’s total value exceeds this amount, probate (or letters of administration if there’s no will) is almost always required.

Can a Bank Pay Funeral Expenses Before Probate?

Yes — most UK banks can pay funeral costs directly from the deceased’s account before probate is granted. The process involves:

• Providing a copy of the funeral invoice.

• Supplying a death certificate.

• Completing any necessary forms from the bank.

The funeral provider receives the money, not the executors or family members. This ensures the funeral can proceed without financial burden falling entirely on the family.

Do You Need Probate if There Is a Will?

Probate may still be necessary even in cases where a will is in place. The intricacy and worth of the estate determine this:

• If the estate contains only low-value items or jointly owned property, probate may not be needed.

• If the estate includes property, shares, or large bank balances, probate is typically necessary to administer the will.

The executor requests a grant of probate if there is a will. If there’s no will, the next of kin applies for letters of administration instead.

Paying Deceased Bills Before Probate UK

Until probate is granted, most accounts are frozen — but essential expenses can still be covered, including:

• Funeral costs (direct from the bank).

• Ongoing property costs (e.g., council tax, utility bills).

• Mortgage payments or insurance — though this depends on the provider.

Any payments made before probate should be carefully recorded. The person handling the estate (the “administrator”) should use their own funds only if they’re willing to be reimbursed from the estate later.

Conclusion

Handling a died person’s bank account without a will can be a complicated and time-consuming process. From frozen accounts to court applications, it’s not something most people want to face during a time of grief.

But with the right information and support, it’s manageable—and more importantly, avoidable for the future. If you haven’t made a will yet, now is the time. It’s one of the simplest, most caring things you can do for your family.

Need help getting started? Visit the official GOV.UK page on wills and probate for more information, or speak to a solicitor for tailored advice.

Key Takeaways

• When someone in the UK dies without a will, their bank account is locked so no money can be taken out or added.
• Only someone with Letters of Administration can access or close the account.
• Funds are allocated per intestacy regulations, not individual preferences.
• If you’re not a married couple or a legal stepchild, you won’t automatically get a share of anything.
• Making a will helps your loved ones avoid delays, confusion, and stress.