How to Access a Deceased Person's Bank Account in California

The good news: most people can reach a deceased person's bank money without full probate. How you get there depends on one thing — how the account was set up. A joint account, a payable-on-death account, and an account in the person's name alone each have a different path.

This guide walks through all three, what the bank will ask for, and the simple screener that shows the published requirements for each, so you can decide which one fits.

Stop using the account

Once a bank is notified of the death, it usually freezes a sole-owner account. Only an authorized successor can claim the funds — so don't keep using the debit card or auto-payments. Using the card is not a substitute for claiming the money properly, and it can create problems later.

How the account was titled decides the path to the money

For a joint or payable-on-death account, a will does not decide who gets the money. For an account in the decedent's name alone, the will (or the heirs, with no will) decides who takes it, but how the account was titled and how much the estate holds decide the process. Start by finding out which of these three describes the account.

A surviving joint owner keeps a joint account

If the account was held in joint tenancy with another person, the surviving co-owner generally keeps access to it. The funds pass to them by survivorship, outside probate.

To update the account into their sole name, the survivor typically provides the bank with a certified death certificate. Each bank has its own form, but this is usually the simplest path.

A payable-on-death (POD) beneficiary claims the account directly from the bank

If the account was set up as "payable on death" (sometimes called a Totten trust) with a named beneficiary, that beneficiary claims the funds directly from the bank — no probate and no affidavit.

The named beneficiary brings a certified death certificate and their ID to the bank, which releases the funds to them. (The will doesn't change this — a POD beneficiary designation controls the account.)

An account in the decedent's name alone depends on the total value of the estate

If there's no joint owner and no POD beneficiary, the path depends on the gross value of the decedent's California real and personal property — all accounts, securities, real estate and similar assets added together, not counting trust, joint-tenancy, payable-on-death and other excluded assets.

If the estate is $208,850 or less (deaths on or after April 1, 2025)

You may be able to use a small-estate affidavit under Probate Code §13100 — no probate. This works when that gross value is $208,850 or less (for deaths on or after April 1, 2025, through March 31, 2028). The affidavit collects personal property, such as bank accounts; it does not transfer real estate.

Two things to know:

• The 40-day wait. The affidavit can't be used until 40 days after the date of death. The clock runs from death itself, not from when you start.
• You present it to each institution. After the wait, you bring the signed §13100 affidavit or declaration plus a certified copy of the death certificate to the bank, which releases the funds. Many institutions ask for the affidavit to be notarized. There's no single place to file it — you present it separately to every institution holding an asset, and each one has its own form and requirements.

Full walkthrough: Small Estate Affidavit (California).

What counts toward the limit

The $208,850 limit (deaths on or after April 1, 2025) is the gross value of the decedent's California real and personal property combined — every account, security, piece of real estate and similar asset, not counting trust, joint-tenancy, payable-on-death and other excluded assets — not just the one bank account. If the total is over the limit, the affidavit route doesn't fit.

If the estate is over $208,850 (deaths on or after April 1, 2025)

When that gross value is over $208,850 (deaths on or after April 1, 2025), the path is usually full probate — or, if the account passes to a surviving spouse, a Spousal Property Petition (DE-221), a court petition for an order that the property passes to the surviving spouse without probate.

Not sure whether you even need probate? Start here: Do I need probate in California?

Each bank sets its own paperwork, so ask every institution for its requirements

It varies by path and by institution, but in general:

• Surviving joint owner — a certified death certificate.
• POD beneficiary — a certified death certificate and ID.
• Small-estate affidavit — the signed §13100 affidavit or declaration (many institutions ask for it to be notarized) and a certified copy of the death certificate, after the 40-day wait.

A note on death certificates: order several certified copies, because each institution keeps its own. "Authorized certified" copies are limited to certain relatives and others the law names, and banks may ask for an authorized copy, so order through someone who qualifies. And remember each bank has its own form and requirements — the affidavit isn't filed once; it's presented institution by institution.

A registered Legal Document Assistant can prepare the affidavit at your direction

You can do this yourself — joint and POD claims are often straightforward, and the §13100 statute is public. The catch is that every bank has its own rules, the 40-day wait and value limit have to be right, and a sole-owner account with no beneficiary turns into a per-institution presentation.

The screener shows the published requirements for each path, side by side with your answers, so you can decide. If you choose the small-estate affidavit, a registered California Legal Document Assistant can prepare it at your direction for one flat fee, and gather what each institution asks for — so each release goes through cleanly. An LDA does not give legal advice; if your situation needs it, your LDA will tell you that you need an attorney. See pricing.

The fastest way to find out which path is yours is to answer a few questions about the account and the estate.