How to Claim a Deceased Person’s Bank Account Without Probate in California

When a loved one dies, gaining access to their financial accounts can feel overwhelming—especially if you want to avoid the time and cost of formal probate. Fortunately, some bank accounts in California can be claimed without going through probate, depending on how they’re structured and the total value of the estate.

Here’s what you need to know to claim a deceased person’s bank account without probate.

1. Check If the Account Has a Payable-on-Death (POD) Beneficiary

Many bank accounts allow the owner to name a Payable-on-Death (POD) beneficiary. This designation means that upon the account holder’s death, the funds automatically transfer to the named individual.

Steps to Claim:

• Contact the bank.

• Provide the original death certificate.

• Show government-issued ID.

• Complete the bank’s beneficiary claim form.

Note: Funds do not go through probate if the POD is valid.

2. Joint Bank Accounts with Right of Survivorship

If the deceased held a joint bank account with another person (such as a spouse or adult child), and the account includes the right of survivorship, the surviving co-owner typically becomes the sole owner immediately.

Steps to Claim:

• Notify the bank of the death.

• Provide a death certificate.

• The surviving joint owner may need to complete a form to retitle the account.

3. Use California’s Small Estate Affidavit (Probate Code §13100)

If there is no POD or joint owner, and the bank account is in the deceased’s name only, you may still avoid probate by using a Small Estate Affidavit, as long as:

• The total value of the decedent’s estate is $208,850 or less (this limit is less if the Decedent died before April 1, 2025 under AB 2016).

• At least 40 days have passed since the person’s death.

• No formal probate proceedings have been started.

Required Documents:

• California Small Estate Affidavit (Form DE-221 recommended)

• Original death certificate

• Proof of your identity

• Proof of entitlement (e.g., will or intestate heirship)

• Inventory showing total estate value below threshold

You’ll present these directly to the bank.

4. Use a Trust Certification If the Account Was in a Living Trust

If the account was held in the name of a revocable living trust, the trustee (successor trustee, if the original trustee has died) has the legal authority to access and distribute funds without probate.

Steps to Claim:

• Provide a Certification of Trust (Probate Code §18100.5)

• Death certificate

• Trustee’s ID

• Bank’s required forms

5. Vehicle & Bank Account Transfers via DMV/Bank Forms

While primarily used for vehicles, certain non-probate transfer forms from banks or agencies (like the DMV’s REG 5 form for vehicles) may also apply to small accounts if the institution accepts it. Always check the bank’s policy.

Final Thoughts

Not all bank accounts require probate. In California, you may be able to access a deceased loved one’s funds quickly and legally without court intervention—if the account has a beneficiary, joint owner, or qualifies under the small estate exemption.

Before taking action, consult a California probate attorney to ensure you're following the correct legal procedure, especially when estate values are close to the threshold or if multiple heirs are involved.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.