Texas Bank Accounts After Death: Executor Checklist

Sort the account before asking for access

Build a list of every account using the decedent’s bank statements, debit cards, checkbooks, tax forms, mail, and online accounts. For each one, note the bank, the account type, the last four digits of the account number, the owner names, and any beneficiary, payable-on-death, trust, or joint ownership information.

Do not assume every account is part of the decedent’s estate. TexasLawHelp notes that payable-on-death accounts pass directly to a named beneficiary without involving the probate court. The Texas State Law Library also notes that executors should look for nonprobate property, including bank accounts, that may pass directly to a decedent’s beneficiary.

Types of accounts that tend to pass directly to a beneficiary:

• An individual account in the decedent’s name alone.
• A joint account or an account with survivorship wording.
• A payable-on-death or transfer-on-death account.
• A trust, retirement, life insurance, or other account with a named beneficiary.

Know when Letters may be the key

If an account is part of the decedent’s estate, the bank will refuse to release the funds until the court appoints a personal representative. According to TexasLawHelp, Letters Testamentary and Letters of Administration are the court documents that allow the personal representative to access the decedent’s assets, including bank accounts.

Not every account will require the Letters. Before you promise the decedent’s heirs that you will access the funds or pay any of the decedent’s bills, ask the bank what authority they require.

The death certificate verifies the death. The Letters verify who acts on the decedent’s behalf.

Separate POD accounts from estate accounts

A payable-on-death account shows up in the decedent’s bank records but may not be part of their estate. TexasLawHelp states that the beneficiary on the POD account can present the decedent’s death certificate to the bank and receive the funds without involving the probate court. Even if the decedent’s will names another beneficiary, the POD designation controls.

The account still belongs on your list. Beneficiaries, heirs, tax preparers, and attorneys may want to know why the funds from an account did not become part of the estate. Noting the bank, the beneficiary, and the confirmation date prevents confusion later.

Keep estate money in its own lane

Once appointed, the personal representative may need to create a bank account to hold the funds they collect from the estate. That includes any bills the estate pays, refunds the estate receives, proceeds from property sales, and distributions made from the estate. The account stays separate from any personal account. Receipts for expenses paid stay on file.

The IRS warns that the decedent and the estate may have tax responsibilities. Keeping the account statements and transaction records organized makes the tax preparer’s job easier.

Do not move money before the authority is clear

The decedent’s family may want to use the funds from the decedent’s accounts to pay their bills or reimburse funeral costs. Wait to move the money until you know whether the account has a beneficiary, whether the bank requires Letters, whether there are outstanding creditors, and whether the estate has enough money to pay taxes or protect the property.

If someone already used the decedent’s money to pay a bill, keep the receipt and the name of who paid it. Reimbursements to those individuals can happen once the estate has the authority to access the funds.

Use the account list to choose the next step

What you know about the decedent’s bank accounts can change the probate process. POD accounts skip probate. Small accounts with no beneficiary still go through the probate court’s process. If the decedent had several accounts across banks, requesting Letters of Administration or Letters Testamentary may be the best option.

Legacywyse uses this information, along with the decedent’s will, debts, heirs, county, and property records, to build a list of steps specific to Texas before you create any documents or contact an attorney.