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How Are Bank Accounts Affected by Probate?

When someone close to you dies, it’s easy to feel lost in a sea of paperwork and uncertainty. Gina (not her real name) remembers: 

“There were days when I just sat staring at the forms, not sure which bank wanted what. It all felt so heavy after Mum passed.” 

If you’re in that position, you’re not alone—and it’s completely normal to feel overwhelmed. 

Probate in NSW, especially when it comes to accessing bank accounts, raises concerns about timelines, authorisation, and getting it “right.” Gina later realised she didn’t have to do it all on her own. 

Understanding the Bank’s Approach: Why Probate Is Usually Required 

Most banks require proof that you're legally allowed to deal with the estate—usually a Grant of Probate in NSW (if there’s a will) or Letters of Administration (if not). 

“I thought I could just show them Mum’s will and get on with it,” Gina recalls. “But the bank staff kept asking for official papers. It made sense eventually, but at the time, it felt like another wall.” 

Is the Will Enough?

Not usually. Most banks won’t accept a will alone. 

“I kept thinking—why isn’t this enough? But the staff explained that they’d seen cases of forgeries or outdated wills. It helped me understand why NSW probate requirements are in place, even if it slowed everything down.” 

When Probate Might Be Waived in NSW

In some cases—usually when the account balance is small (e.g. under $15,000)—a bank may release funds without a grant. 

“One bank let me sign a form because there wasn’t much left. That helped with Mum’s funeral. It felt like the first small win in weeks.” 

The Types of Bank Accounts in NSW Estate Administration

• Joint Accounts: These usually pass directly to the surviving account holder under the right of survivorship.

  “Dad’s joint account was easier to sort out. Just the death certificate and it transferred to him. I wish someone had told us years ago about putting bills under joint names.”

• Sole Accounts: These are frozen until official documentation like probate in NSW is provided. 

  “Mum’s savings were locked. No access until everything was approved. It was hard seeing that money sit there while bills kept coming.” 

Third-Party Access: Proceed with Caution

“I had helped Mum with her banking before she passed, but I was warned not to access anything after her death. It was stressful, but I didn’t want to do the wrong thing.”

Why the Account’s “Location” Matters in NSW Probate Law 

The BSB number can indicate the branch or jurisdiction the account is based in, which affects paperwork. 

“One more thing I hadn’t thought of. It turns out that even which branch the account belonged to mattered for the process.”

What Happens When Banks Freeze Accounts?

When an account is frozen, automatic payments stop, but expenses (like funerals) continue. 

“The bank said they might help with funeral costs, but it took weeks. That first payment going through? I’ll never forget that feeling of relief.” 

Case Study: The Danger of Frozen Accounts

Mr. Bennett’s executors were stuck in court as a family dispute delayed access to funds. Legal fees mounted, and less money was left for anyone. 

“Seeing that happen to a friend made me extra careful,” Gina said. “I didn’t want our family falling apart over money.” 

 You may be interested in Top 50 FAQs on Probate 

✅Comprehensive Guide: Bank and Credit Union Probate Requirements in NSW

Lessons Learned: Gina’s Reflections

“The thing that made the biggest difference was having someone guide me step by step.” 

What Helped Gina Most: 

• Keep communication open: “Talking with family early helped avoid fights later.”

• Stay organised: “Each bank got its own folder. It felt slow, but I was ready every time they asked.”

• Expect delays: “Knowing that silence for weeks was normal helped me stay calm.”

• Work with a Sydney probate lawyer: “The peace of mind when they said, ‘You’ve done it right’—you can’t put a price on that.”