US Bank Account of a Deceased Foreigner: Probate, Frozen Funds, and Access

Your family member died in the United States and left behind a bank account. The bank froze it the moment they learned of the death. You're in Mexico, you have no US Social Security Number, and the bank is telling you they need "letters testamentary" from a US court before they'll release a single dollar.

This is the standard process — and navigating it from another country takes specific steps.

Why the Account Is Frozen

US banks are required to freeze individual accounts upon notification of a death. This protects the estate from unauthorized withdrawals and ensures the money goes to legally entitled heirs. Using the deceased's ATM card, online banking, or a pre-existing power of attorney to withdraw funds after death is illegal in both the US and Mexico — all powers of attorney terminate automatically at the moment of death.

The freeze stays in place until someone with legal authority presents the correct paperwork. That legal authority comes from one of two sources: a designated beneficiary on the account, or a court-appointed estate representative.

The Beneficiary Shortcut (POD/TOD)

If the deceased registered a "Payable on Death" (POD) or "Transfer on Death" (TOD) beneficiary on the account, that person can bypass probate entirely. The beneficiary walks into the bank (or contacts them by mail with notarized documents) with:

• A certified copy of the death certificate
• Government-issued photo ID proving their identity
• Proof of their beneficiary status (the bank has this on file)

The bank releases the funds directly. No probate, no court, no attorney. This works even if the beneficiary lives outside the US.

The problem: many people never designate a POD beneficiary, and many Mexican nationals working in the US don't realize this option exists. Without it, you may be in small-estate or probate territory.

Ancillary Probate: When the Deceased Was Domiciled Abroad

Standard probate happens in the state where the deceased was domiciled. When a Mexican national was domiciled in Mexico but held assets in a US state, the family needs ancillary probate — a secondary probate proceeding in the state where the assets are located.

If there's a bank account in California and a car titled in Texas, you potentially need ancillary probate in both states. Each state has its own rules, timelines, and fees.

The process:

1. File a petition with the probate court in the state where the assets are located
2. The court reviews the deceased's will (if one exists) or applies the state's intestacy laws
3. The court appoints a personal representative (executor/administrator) with authority to manage those specific assets
4. The personal representative contacts the bank with the letters testamentary or letters of administration
5. The bank releases the funds to the estate account

The Non-Resident Executor Problem

Most US states legally prohibit a non-resident alien from serving as the sole executor or personal representative of an estate. A family member living in Mexico who has no US Social Security Number typically cannot be appointed.

The workarounds:

Appoint a US-resident co-executor: Find a trusted person who lives in the US and is willing to serve alongside the foreign family member. Some states accept this arrangement.

Hire a probate attorney: The attorney can petition to be appointed as administrator, or can recommend a professional fiduciary who serves in this capacity. This costs money — typically $3,000 to $10,000 depending on the state and estate complexity — but it's often the only practical option for families coordinating entirely from Mexico.

Power of Attorney through the Mexican consulate: The family can execute a formal Power of Attorney (Poder Notarial) at a Mexican consulate in the US, authorizing a US-based attorney or representative to handle the probate on their behalf.

Small Estate Alternatives

Many states have simplified procedures for small estates that avoid full probate:

• Small estate affidavit: For accounts under a state-specific threshold (commonly $25,000 to $75,000), heirs can file a sworn affidavit claiming the assets without opening a formal probate case
• Summary administration: An abbreviated probate process for smaller estates, with faster timelines and lower fees

Check the specific state's small estate threshold before committing to full probate. For a bank account with $15,000, the simplified path can save thousands in legal fees.

Timeline and Realistic Expectations

Full ancillary probate typically takes 3 to 6 months. Small estate affidavit procedures can resolve in 30 to 60 days. Both timelines assume the documentation is correct and complete — name mismatches between US and Mexican documents can add months.

The Mexican National Dies in the US — Family Guide maps the complete asset recovery path including the probate filing checklist, small estate thresholds by state, and the EIN application process required before the estate can receive funds.