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Who Inherits My Bank Account?

I am the only one on my bank account. Upon my death, does my spouse receive my money? Does he have access to my account?

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In some states, there are laws that permit a next of kin to request the payout of a decedent's bank balance. The various state laws include a maximum account balance that can be handled that way. Your spouse would have to provide a death certificate and documentation that he is your next of kin. The bank may have other documentation requirements, as well.

In states that do not permit such withdrawals, or when the account balance exceeds the statutory limit for handling accounts this way, the account becomes the property of the decedent's estate. A court would have to appoint an executor or administrator for the estate, and that individual would have access to the account after presenting documentation of his or her appointment.

Published on BankingQuestions.com 10/20/08