Your parent just died. The funeral home needs a deposit. The mortgage is due next week. You know your mom’s checking account has money in it, and you know her PIN. So you drive to the ATM, or you log into her online banking, and you move the money before the bank finds out.
It feels like the obvious move. It might also be the most expensive mistake you make this year.
The short answer is no, you almost certainly cannot legally empty your deceased parent’s bank account in Michigan. Unless the account was set up in a way that gives you immediate legal access, withdrawing funds before you have proper authority can expose you to civil liability, criminal allegations, and family conflict that will cost far more than the bills you were trying to pay.
Here is what actually happens to bank accounts when someone dies in Michigan, what you can and cannot do, and how to access the money the right way.
What Happens to a Bank Account When Someone Dies?
When a bank learns that an account holder has died, it freezes the account. This is not optional for the bank; it is a legal protection mechanism. The bank cannot allow withdrawals from a deceased person’s sole account until someone with legal authority, typically a court-appointed personal representative, presents the proper documentation.
This freeze happens faster than most families expect. Hospitals, funeral homes, and the Social Security Administration all notify institutions of a death. Once the bank receives that notification, ATM cards stop working, online access is disabled, and checks bounce.
The critical question is how the account was titled. That single detail determines everything.
Accounts That Pass Automatically (No Probate Required)
Some bank accounts are specifically designed to transfer to a named person at death, bypassing probate entirely. If your parent’s account falls into one of these categories, you may have immediate legal access.
Joint accounts with rights of survivorship. If you were a joint owner on the account, the funds belong to you automatically when the other owner dies. You will need to present a certified death certificate to the bank, but once you do, the account is yours. No court order is required.
Payable-on-death (POD) accounts. Under MCL 700.6101 et seq., Michigan law allows account holders to designate a POD beneficiary on bank accounts and CDs. When the account holder dies, the named beneficiary presents a death certificate and identification, and the bank releases the funds directly. The will has no say in the matter. The POD designation controls.
Accounts held in a funded revocable living trust. If your parent’s bank account was titled in the name of their trust, the successor trustee (not the probate court) has authority to access those funds. The trustee will need the trust document, a death certificate, and an EIN for the trust.
If the account falls into any of these three categories, you have a legal path to the money. The process is straightforward and usually takes days, not months.
Accounts That Require Probate (The Ones That Get People in Trouble)
If your parent’s bank account was titled solely in their name with no POD designation, no joint owner, and no trust, the account is a probate asset. That means no one, not you, not your siblings, not even the person named in the will, has legal authority to touch that money until the probate court appoints a personal representative and issues Letters of Authority.
This is where families get into serious trouble. The money is sitting right there. The bills are piling up. And the temptation to “just take what’s needed” feels reasonable.
It is not reasonable under Michigan law. It is potentially illegal.
The Legal Risks of Withdrawing Money Without Authority
Taking money from a deceased person’s sole bank account without court authority is not a gray area. Michigan law treats it as a serious matter with real consequences.
Conversion. Under Michigan common law, taking someone else’s property (and an estate’s assets belong to the estate, not to any individual heir) constitutes conversion. Other heirs or the personal representative can sue you to recover the funds, plus damages.
Breach of fiduciary duty. If you were named personal representative in the will but haven’t been appointed yet, you have no legal authority to act. Taking funds before appointment can be treated as a breach of the fiduciary duty you’ll eventually owe, and it can be used as grounds to have you removed before you even start.
Criminal exposure. In extreme cases, unauthorized withdrawals from a deceased person’s account can result in criminal charges, including larceny or financial exploitation. This is especially true when the person withdrawing funds is not the sole heir and other family members object.
In our experience helping Michigan families through probate, the single most common mistake people make in the first 48 hours is accessing a bank account they don’t have legal authority to touch. The intention is almost always good. The consequences rarely are.
Sibling disputes. Even when only one child takes money “to pay bills,” the other heirs see it differently. They see someone helping themselves to the estate before anyone else has a say. These disputes escalate quickly, turn into formal objections during probate, and can add $10,000 to $25,000 or more in legal fees to an estate that might have settled smoothly otherwise.
“But I Need Money for the Funeral”
This is the most common reason families consider emptying a parent’s account, and it is completely understandable. Funeral costs in Michigan typically range from $7,000 to $15,000, and funeral homes usually require a deposit before services.
Here is the reality: funeral and burial expenses are the highest priority claim against a Michigan estate under MCL 700.3805. That means the estate will reimburse whoever pays for the funeral before almost any other debt is paid. If you pay out of pocket now, you will be first in line for reimbursement once the personal representative is appointed and the estate account is opened.
Many funeral homes also work with families on payment timing, especially when the family can show that estate assets exist and probate is being initiated.
The right move is to pay the funeral costs out of pocket or arrange a payment plan, then seek reimbursement from the estate through the proper legal channels.
What the Bank Can and Cannot Do
Banks are not trying to make your life harder. They are following federal and state regulations that require them to protect the assets of deceased customers.
Here is what banks will do when they learn of a death:
They will freeze the sole account immediately. Automatic payments, checks, and debit card transactions will be declined. They will require a certified death certificate and legal documentation (Letters of Authority from the probate court, trust documents, or POD beneficiary verification) before releasing any funds. They will not release funds to someone simply because they are named in the will, because a will alone does not grant legal authority over assets.
Here is what banks cannot do: they cannot ignore a properly issued court order. Once a personal representative has Letters of Authority from the probate court, the bank must cooperate. And once a POD beneficiary presents valid identification and a death certificate, the bank must release the funds.
Most of the “the bank won’t give me my parent’s money” calls we receive at Boroja, Bernier & Associates are from families who haven’t yet taken the legal step that gives them authority. The bank isn’t the obstacle. The missing paperwork is.
How to Access the Money the Right Way
If your parent’s account is a probate asset (sole name, no POD, no trust), here is the proper path:
File for probate and request appointment as personal representative. In Michigan, informal probate through the local county probate court is the standard process for most estates under MCL 700.3301 et seq. Filing fees are $175 (including the $25 statewide electronic filing fee under MCL 600.1986).
Obtain Letters of Authority. Once the court appoints you as personal representative, you receive Letters of Authority. This is the document banks, financial institutions, and government agencies require before they will release information or assets. Note: Letters of Authority do not expire by law, but most banks require refreshed letters at least annually.
Open an estate bank account. All estate funds should flow through a dedicated estate account. This protects you as personal representative by keeping estate money separate from personal funds, and it creates the paper trail the court requires for your final accounting.
Use estate funds to pay priority expenses. Once the estate account is funded, you can pay funeral costs (reimbursing family members who fronted the money), secure property, pay utilities, and begin addressing creditor claims in the order Michigan law requires.
For smaller estates (personal property valued at $50,000 or less with no real estate), Michigan’s small estate procedures under MCL 700.3982 and MCL 700.3983 may allow you to access funds without full probate, using either a PC 598 affidavit (presented directly to the bank after 28 days) or a PC 556 petition filed with the probate court.
The Lesson Most Families Learn Too Late
The families who never face this problem are the ones whose parents planned ahead. A $1,000 to $1,500 POD designation review and power of attorney package, or a $2,500 to $5,500 comprehensive trust-based estate plan, would have kept every dollar outside of probate and immediately accessible to the right people.
If your parent is still living and you are reading this because you are worried about what will happen when the time comes, that conversation is worth having now. If you are reading this because the time has already come, the fastest path to the money is through proper legal channels, not around them.
Frequently Asked Questions About Accessing Parents’ Bank Accounts After Death
No. Using a deceased person’s debit card is unauthorized use of their account, regardless of your relationship or your intentions. Once the bank learns of the death, the card will be deactivated. Transactions made after the date of death can be reversed and may trigger bank fraud investigations.
You still need legal authority. Being the sole heir does not give you the right to access a sole-name bank account. The bank needs documentation, either Letters of Authority from probate, POD beneficiary proof, or trust documentation, before it can release funds. Michigan law does not have an exception for sole heirs on accounts without beneficiary designations.
Typically 2 to 4 weeks for informal probate applications, though timing varies by county. Macomb County Probate Court processes applications relatively quickly but does not accept filings after 4:00 PM and requires in-person filings for certain matters. Oakland County requires mandatory TrueFiling electronic filing and no longer offers same-day Letters of Authority for informal applications.
No. A power of attorney terminates immediately upon the principal’s death under Michigan’s Uniform Power of Attorney Act (MCL 556.210). If you held POA authority for your parent, that authority ended the moment they died. Any transactions you make after death using POA authority are unauthorized.
They will be declined once the account is frozen. This can create cascading problems, particularly for mortgage payments, insurance premiums, and utility bills. Once a personal representative is appointed, one of the first tasks is to inventory recurring payments and make arrangements to keep essential services active using estate funds through the estate account.
The POD designation wins. Under MCL 700.6101 et seq., beneficiary designations on financial accounts override whatever the will says. If the will leaves everything to three children equally but the POD names only one child, that one child gets the account. This is one of the most common sources of family conflict we see in Michigan probate cases, and it is entirely preventable with proper estate planning.
Speak With a Michigan Probate Attorney
The bank is rarely the real obstacle. The missing legal authority is. The fastest and safest way to reach a loved one’s money is through the proper process, not around it.
At Boroja, Bernier & Associates, we help families access a loved one’s accounts the right way through probate and trust administration, and we build the estate plans that keep these funds out of probate in the first place. We serve families in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan, Central Michigan, and Mid-Michigan.
Before you touch anything, schedule a consultation with our Michigan probate attorneys or call (586) 991-7611.
About the Author
This article was written by Daniel Boroja, Esq., a partner at Boroja, Bernier & Associates PLLC, admitted to the State Bar of Michigan in 2013 (Bar No. P77079). Daniel focuses his practice on estate planning, probate and trust administration, and elder law and Medicaid planning for Michigan families.
