How to Access a Bank Account After Death in Arkansas

Walking into a bank after a family member's death and being told the account is frozen — that you need "Letters Testamentary" to access the funds — is one of the most common triggers for families to seek guidance on the Arkansas probate process. The bank is not being unreasonable. Without legal documentation proving who has authority to act on behalf of the estate, the bank is legally prohibited from releasing funds to anyone. The path forward depends on how the account was set up and the total value of the estate.

Why the Account Is Frozen

When a bank account is held solely in the name of a deceased person, no one — not a surviving spouse, not an adult child, not a sibling — has automatic legal authority to withdraw funds or close the account. The bank's legal obligation is to the estate, not to the family relationship.

This is true even if you know exactly where the money is going and everyone in the family agrees. Without court-issued authority, the bank cannot verify that you are the rightful administrator of the estate or that distributing the funds to you is legally appropriate. Releasing funds to the wrong person exposes the bank to liability.

The Fastest Path: Non-Probate Account Features

Before assuming probate is required, check how the account was titled.

Payable-on-death (POD) beneficiary: If the deceased named a beneficiary on the account, that person can access the funds without going through probate. They present a certified death certificate to the bank and request the account balance. The bank transfers the funds directly to the named beneficiary. No court involvement is needed.

Joint tenancy with right of survivorship: If the account was held jointly with right of survivorship, the surviving joint owner continues to have full access. They may need to present a death certificate to update the account records, but the account is not frozen from their perspective.

Trust account: If the account was held in the name of a living trust, the successor trustee named in the trust document has immediate authority to manage the account without probate.

If any of these structures applied, the bank can tell you. Simply ask what the account title shows and whether there is a designated beneficiary.

When the Account Is Solely in the Decedent's Name

If the account has no beneficiary designation and no surviving joint owner, you need legal authority before the bank will release anything. Arkansas provides two main routes.

Route 1: Small Estate Affidavit (for estates under $100,000)

If the total net value of all probate assets in the estate — excluding the homestead and statutory allowances — is $100,000 or less, Arkansas allows collection of assets through the Affidavit for Collection of Small Estate by Distributee (Form 23) under A.C.A. § 28-41-101.

To use this route:

• At least 45 days must have passed since the date of death
• You file Form 23 with the circuit clerk in the county where the decedent lived (filing fee approximately $25)
• You present the filed affidavit along with a certified death certificate to the bank

Banks are legally required to release funds to a distributee presenting a properly filed small estate affidavit. This is significantly faster and less expensive than opening formal probate.

One important note: if the estate also includes real property, you must publish a notice within 30 days of filing the affidavit. That publication requirement applies to the real property title, not to the bank account itself — so even if you skip the publication step, the bank will typically release the funds. However, the real estate title will remain clouded until publication occurs.

Route 2: Letters Testamentary or Letters of Administration

For estates over the $100,000 threshold, formal probate is required. The circuit court issues one of two documents after appointing the personal representative:

• Letters Testamentary (Form 11) — issued when there is a valid will naming an executor
• Letters of Administration (Form 10) — issued when there is no will, or when the named executor cannot serve

These letters are the document the bank is asking for when they tell you they cannot release funds without proof of authority. They constitute formal court authorization to act on behalf of the estate. Present certified copies (not the original) to the bank along with the death certificate.

The formal probate process to obtain these letters requires:

• Filing a petition with the circuit court in the county of residence ($165 filing fee)
• Posting a fiduciary bond or meeting the conditions for a waiver
• Taking an oath as personal representative
• The court reviewing and approving the petition

This process typically takes several weeks. The six-month creditor claim period begins once the letters are issued and notice is published, meaning you cannot distribute estate funds to heirs until that period runs — though you can use the estate bank account to pay legitimate estate expenses (funeral costs, utilities on estate property, administrative fees) during that time.

Opening an Estate Bank Account

Once you receive Letters Testamentary or Letters of Administration, one of your first administrative steps should be obtaining an Employer Identification Number (EIN) from the IRS and opening a dedicated estate bank account. This account holds all estate funds — proceeds from sold assets, incoming mail checks addressed to the decedent, and funds collected from the decedent's accounts — separate from your personal finances.

Commingling estate funds with your personal accounts is a serious breach of fiduciary duty that can expose you to personal liability and complicate the final accounting.

What to Bring to the Bank

Whether you are presenting a small estate affidavit or Letters Testamentary, bring the following to the bank:

1. Certified copy of the death certificate (the bank will keep a copy)
2. Your government-issued photo ID
3. Certified copy of the Letters Testamentary or Letters of Administration (for formal probate), or the filed Form 23 affidavit (for small estate route)
4. If using Form 23, also bring a copy showing the circuit clerk's filing stamp

Banks vary in how they handle estate accounts internally. Call ahead to ask whether they have specific forms or procedures for estate account collection and whether you need an appointment with a branch manager rather than a teller.

When the Account Is Needed for Immediate Expenses

A common concern is funeral costs, ongoing bills, or the mortgage on the family home that need to be paid before probate is resolved. Arkansas law does not provide a mechanism to immediately release frozen funds for these purposes outside the affidavit or formal probate routes.

Some banks will release a modest amount of funds from a solely-owned account to cover verified funeral expenses without formal probate documentation, as a matter of internal policy rather than legal obligation. Call the bank and ask — some will accommodate a small release on presentation of the death certificate and funeral home invoice. This is entirely at the bank's discretion and is not guaranteed.

For ongoing mortgage payments, utility bills, and estate expenses during the administration period, the estate bank account opened with the Letters of Authority is the proper mechanism. Until that account is established, family members may need to cover expenses personally and seek reimbursement from the estate when the account is opened.

The Arkansas Probate Process Guide walks through each of these steps in sequence — from ordering death certificates to opening the estate account to final distribution — so executors can move through the bank access issue without getting stuck waiting on guidance from court clerks who are legally prohibited from providing it.

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