When someone passes away, their bank account must not be accessed unless you have legal authority. Taking money from a deceased person’s UK account without permission is a criminal offence, often classified as theft or fraud, and can result in fines or imprisonment.

Key points:

• Only executors or administrators can legally access estate funds after obtaining probate.
• Using a dead person’s debit card is illegal, even for funeral expenses.
• Penalties include repayment, fines, and up to 7 years’ imprisonment.
• Power of Attorney becomes invalid upon death.
• Banks freeze accounts to prevent misuse.
• Next of kin don’t have automatic access unless legally appointed.

Is it Illegal to Withdraw Money From a Deceased Person’s Account in the UK?

When someone dies, all of their assets, including cash in bank and building society accounts, become part of their estate. In my experience advising families and executors, people often ask how soon they can touch those funds.

The simple answer is that you cannot lawfully withdraw money from a deceased person’s account unless you are legally authorised to do so.

Banks will usually freeze the account as soon as they are notified of the person’s death.

This protects the estate from misuse and ensures that funds are distributed correctly under the terms of the will or, if there is no will, under the legal rules of intestacy.

According to Citizens Advice, it is typically unlawful to pay out estate money before probate or letters of administration are granted. You cannot start sharing the estate or accessing funds simply because you are a spouse, child or close relative.

A bank will usually require documentation to prove who has authority before releasing any money.

My own discussions with professionals who specialise in probate make one thing very clear:
“The law is unforgiving when it comes to unauthorised access to a deceased person’s financial assets. If someone tries to withdraw funds without proper legal authority, even with good intentions, they can find themselves facing serious consequences.”

This isn’t merely advice to discourage people. It’s rooted in the fact that estate assets belong collectively to all beneficiaries until properly distributed, and unauthorised withdrawals can amount to theft or fraud under UK law.

Who is Legally Allowed to Access a Deceased Person’s Bank Account?

Only very specific people have a legal right to deal with the deceased’s bank accounts after death. Banks and financial institutions require legal proof before providing access:

Legal Roles That Can Access the Account

• Executors
  • Administrators
  • Joint account holders in certain circumstances
  • People authorised by the court

The table below summarises these roles and what they mean:

Legal Role	How They Are Appointed	What They Can Do
Executor	Named in the deceased’s will	Deals with the estate, including collecting money after probate
Administrator	Appointed by the courts when there is no will	Same authority as an executor
Joint account holder	Joint owner at time of death	May receive account funds automatically, depending on bank terms
Court‑appointed representative	Appointed if disputes arise	May be ordered by a court to manage estate funds

Executors or administrators must usually apply for a Grant of Representation, probate if there’s a will, letters of administration if there isn’t one, before accessing the deceased’s estate accounts. Banks cannot release funds without seeing those legal documents.

Sometimes banks will allow limited payments to cover funeral expenses or inheritance tax payments before probate is granted, but this is at their discretion and not a legal entitlement.

The reason for this strict process is straightforward. The bank and courts must protect the rights of all beneficiaries and ensure debts and liabilities are paid from the estate in the correct order.

If one person were allowed to take money without proper legal authority, others might be unfairly disadvantaged or even defrauded.

What Are the Criminal and Civil Penalties for Unauthorised Withdrawals?

If someone takes money from a deceased person’s account without legal authority, that person can face both criminal charges and civil liability. It doesn’t matter whether the person thought they had a right to do so, the law is clear that unauthorised access is an offence.

Criminal Offences

The most common criminal charges in these cases include:

• Theft
• Fraud
• Forging documents or signatures
• Unauthorised access to computer systems

The following table illustrates typical charges and how the law treats them:

Offence	Legal Basis	Potential Maximum Penalty
Theft	Theft Act 1968	Up to 7 years imprisonment
Fraud	Fraud Act 2006	Up to 10 years imprisonment
Forgery	Forgery and Counterfeiting Act	Up to 10 years imprisonment
Unauthorised access	Computer Misuse Act	Up to 2 years imprisonment

In practice, the sentence depends on factors such as the amount taken, whether there was deception involved, and whether others were harmed financially.

One government professional I spoke with said, “In cases of estate misappropriation we treat all incidents seriously. Even where the individual thought they were acting in good faith, the lack of legal authority transforms the act into an offence. Banks and courts will pursue civil or criminal remedies accordingly.”

Civil Liability

Even if the Crown chooses not to prosecute, the estate or beneficiaries can take civil action to recover the money. Civil courts can:

• Order repayment of the stolen funds
• Require compensation for loss of interest or investment returns
• Award legal costs against the person who took the money

In many cases, civil liability is at least as serious as criminal liability because the financial exposure can be significant, especially if large sums were taken or opportunities lost.

Real-Life Example: When Good Intentions Lead to Legal Trouble

A few years ago, I was contacted by a friend who had just lost her father. In the emotional aftermath, her brother, who lived locally, accessed their late father’s current account using the bank card and PIN he’d known for years.

He used it to pay for the funeral and even transferred some money to family members to “help everyone out,” thinking he was simply doing the right thing.

What he didn’t realise was that the moment their father passed away, his legal right to access that account ended, regardless of past permission.

Even though he had managed his father’s finances under a Power of Attorney, that authority ceased the moment of death. The account was still in their father’s name only and hadn’t yet been frozen by the bank.

Eventually, this came to light when the solicitor applying for probate requested a full account of transactions after death. Several withdrawals and payments had no supporting documentation or legal basis.

The executor in this case, their sister, had no choice but to report the matter. A formal investigation followed, and though criminal charges were narrowly avoided due to full repayment and cooperation, their brother had to face public scrutiny, legal costs, and a strained relationship with the family.

As someone who has worked with families during estate administration, I can say this sort of situation happens more often than people realise. In his own words, the brother told me, “I honestly thought I was just helping out. I had no idea I was doing something illegal. I wish I’d just waited and asked the solicitor first.”

This example underscores the importance of waiting for legal authority before taking any action. No matter how noble your intent, estate funds are protected by law and acting without proper authorisation can bring serious consequences.

How Can Executors or Administrators Legally Manage the Deceased’s Finances?

Becoming an executor or administrator comes with responsibilities and legal obligations. I’ve seen many people assume that they can “sort things out” informally, but that approach can quickly lead to trouble.

The Legal Process

The following table outlines the key steps an executor or administrator must take when dealing with a deceased person’s finances:

Step	Purpose	Notes
Notify institutions	Inform all banks and financial institutions of the death	Usually requires a death certificate
Freeze accounts	Prevent unauthorised activity	Standard practice once death is reported
Apply for Grant of Representation	Establish legal authority	Probate if there’s a will, letters of administration if not
Collect assets	Gather money and valuables	After legal authority is certified
Pay debts and taxes	Settle liabilities	Must be done before distributing remaining funds
Distribute estate	Pay beneficiaries	According to will or intestacy rules

Executors or administrators are required by law to act in the best interests of all beneficiaries. They must prepare detailed accounts and sometimes deal with tax authorities to pay inheritance tax or report estate value.

Some banks may release limited funds before probate is granted, but this is typically only to cover:

• Funeral costs
  • Probate application fees
  • Inheritance tax bills

This is not a right but a bank discretion based on their internal policies.

Can the Next of Kin Access Funds Without Probate in the UK?

Many people think that just because they are next of kin, such as a spouse or child, they automatically have the right to access the deceased’s bank account. This is not correct.

In general, next of kin must still go through the legal process of obtaining probate or letters of administration to access estate funds. Banks will not release money just because someone claims to be close family.

The law does not grant automatic access based on relationship.

The only common exception is if the account is a joint account with automatic rights of survivorship. In those cases, the surviving joint account holder may become the sole owner of the account upon the other’s death.

However, this is a matter of contract between the account holders and the bank, not probate law, and different rules may apply depending on how the account was set up.

Next-of-kin access without probate is far more limited than many assume.

What Happens to a Bank Account When Someone Dies Without a Will?

If someone dies without a valid will, they are said to have died intestate. UK law has specific rules for distributing the estate when that happens. The deceased’s bank accounts still become part of the estate and must be dealt with properly.

Rules of Intestacy

Under intestacy rules, the estate is distributed to relatives in a specified order. For example:

• Spouse or civil partner
• Children
• Parents
• Siblings
• More distant relatives

The exact order and share proportions depend on family circumstances.

The table below summarises how the estate is distributed when someone dies intestate (these are illustrative and may change based on individual circumstances):

Relative	Entitlement
Spouse/Civil partner	All estate if no children, or a share with children
Children	Share depending on spouse’s entitlement
Parents	If no spouse or children
Siblings	If no spouse, children or parents
More distant relatives	Next in line

Whether or not there is a will, unauthorised access to the bank account is unlawful. Executors or administrators must still be appointed. Even spouses cannot simply take money from the account without legal authority.

How Long Can You Keep a Deceased Person’s Bank Account Open in the UK?

There is no set statutory time limit after which a bank must close a deceased person’s account. The account will normally be frozen soon after the bank is notified of the death. It stays that way until:

• Probate or letters of administration are granted
• The executor or administrator instructs the bank on what to do with the funds

In practice, the timeline depends on how quickly the executor or administrator applies for and receives the legal documentation required to deal with the estate.

Banks may allow certain small accounts to be closed without full probate if the total assets are below a threshold, but each institution sets its own policies.

It’s important to act promptly because leaving the account dormant complicates estate administration and can delay inheritance for beneficiaries.

What Should You Do if Your Spouse Dies and You’re Not on Their Bank Account?

One of the hardest situations I’ve seen is when a spouse dies and the surviving partner realises they don’t have access to the bank account.

It can feel alarming, but the legal steps are clear:

1. Notify the bank with a death certificate.
2. Do not attempt to access funds without legal authority.
3. If you are named executor in the will, apply for probate.
4. If there is no will, consider applying to be the administrator.
5. Seek legal advice if you are unsure of your position or relationships are strained.

Trying to access the account without probate can lead to legal trouble. A bank might refuse access, and repeated attempts to withdraw money can be interpreted as fraud.

The law makes no special exception just because you were married.

What Happens When an Account Goes Unclaimed or Dormant?

If an estate is not administered and funds remain unclaimed, the account continues to be dormant after the bank freezes it.

In rare cases where no beneficiaries can be traced, the funds may eventually be transferred to the state or a designated public account after a very long period.

This situation usually arises only after exhaustive attempts to trace heirs have failed.

Some banks provide information on how long they will keep funds dormant before considering them unclaimed. It is usually many years.

Conclusion

Withdrawing money from someone’s bank account after they have died without legal authority is unlawful in the UK and may attract criminal charges like theft or fraud and serious civil liability.

Only those with a Grant of Representation, such as an executor or administrator, can legally access and manage a deceased person’s financial affairs.

Banks will usually freeze accounts on notification of death to protect the estate and ensure funds are distributed correctly.

Understanding the correct legal process not only protects you from potential prosecution but also ensures the deceased’s affairs are handled fairly and in accordance with their wishes.

In my experience, taking time to follow the proper steps avoids distress and disputes for family members at a sensitive time.

FAQs

Can you go to jail for taking money from a deceased person’s account?

Yes, unauthorised access can lead to criminal charges like fraud or theft, which may result in imprisonment.

Does a Power of Attorney give you access after someone dies?

No, Power of Attorney ends immediately upon death and cannot be used to access accounts.

Can a bank release funds without probate?

Sometimes, but only for small amounts or funeral expenses, and only with proper documentation.

Is it illegal to use a dead person’s debit card in the UK?

Yes, using their debit card after death without authority is considered fraud.

How do I report misuse of a deceased person’s bank account?

Contact the bank immediately and consider seeking legal advice or reporting it to the police.

Who inherits if there’s no will in the UK?

The estate is distributed according to intestacy rules, typically starting with the spouse or children.

Can I access my late spouse’s joint bank account?

Yes, if it’s a joint account with survivorship rights, the funds usually pass to the surviving partner.