A parent dies, and among the papers is a bank statement. The family needs the funds, but the branch explains that the account cannot be operated. Frozen accounts follow death as a matter of banking practice, and the route to release runs through the succession process rather than through persuasion at the counter. This guide explains why the account is frozen, how a grant releases it and what families should prepare.
Quick answer: money in a sole account belongs to the deceased person’s estate, and the bank cannot act on the instructions of relatives without proper authority. The usual route is a grant of representation from the court, either probate of a will or letters of administration where there is no will. The bank will then require the certified grant, the death certificate and identification for the personal representatives before releasing funds.
Why the account is frozen after death
When the customer dies, the mandate to operate the account ends. The money is no longer the customer’s to instruct on; it forms part of the estate and must be dealt with under the law of succession. Freezing the account protects the estate, because a payment made to one relative outside the proper process can expose the bank to a claim from the estate or from other beneficiaries.
That does not mean the money is beyond reach. It means the bank needs an authority it can rely on. Asking a branch officer to make an exception, or having a relative produce a funeral programme or a letter from the family, is not the same as producing a grant, and institutions vary in what they will accept for modest balances even where a simplified process exists.
The grant of representation route
Where the deceased left a valid will, the executor named in it applies for probate. Where there is no will, an interested person applies for letters of administration, usually a spouse or close relative, and the court determines who should administer the estate. The succession cause is filed under the Law of Succession Act, with the supporting documents the court requires, and it proceeds through the court registry and, where the estate is contested, through objection proceedings.
Once the grant is issued, a certified copy is presented to the bank together with the death certificate and the personal representative’s identification. The bank then releases funds to the personal representatives for administration and distribution, applying its own release forms and, where it considers necessary, an indemnity. The grant is not a distribution plan on its own: the personal representatives must still administer the estate in accordance with the will or the Act and account for what they receive.
What the bank will ask for
| Document | Purpose |
|---|---|
| Death certificate | Confirms the account holder’s death |
| Certified grant of representation | Establishes the authority to deal with the estate |
| Identification of the personal representatives | Confirms who is instructing the bank |
| Account details and statements | Identifies the accounts and assets held |
| Bank release forms and indemnity | Records the bank’s discharge and terms |
| Will, where probate is sought | Shows the executor’s appointment |
Ask the bank for its complete requirements in writing at the first meeting and keep a copy. Where the estate holds accounts at several institutions, each will have its own process, and some may ask for additional documents such as a confirmation of the estate’s tax position or details of other assets.
Joint accounts and nominations
Joint accounts operate differently from sole accounts. The surviving holder’s mandate often continues, depending on the terms the parties signed with the bank, and the survivor may be able to operate the account. That is not universal: the account terms, the manner in which the joint account was held and any dispute among the survivors can change the position, so the bank’s documents should be read before assuming access.
Nominations and beneficiary designations in products such as pensions, life policies and some savings products are also governed by their own terms and by the law applying to those products. A nomination in one product does not necessarily determine what happens to a bank account, and a bank account nomination should not be treated as a will. The product terms and, where a dispute arises, legal advice will determine the effect.
What families should do first
- Notify the bank of the death in writing and ask for its release requirements.
- Locate the account details, statements, cards and any nomination or product documents.
- Check whether the deceased left a will and where the original is held.
- Begin the succession cause rather than waiting for family matters to settle.
- Record funeral and estate expenses so that they can be accounted for properly.
- Check for loans, overdrafts, charges or guarantees that the estate may need to address.
Estate funds should be handled through the personal representatives and recorded. A relative who uses a deceased person’s card or identifies themselves as the account holder after the death creates a problem for the estate and for the bank, even where the intention is to meet urgent family expenses.
Timing and urgent expenses
A succession cause is not a same-week process. Filing, service, the gazette process and any objection all take time, and the court’s list affects the date of the hearing. Where the estate needs money urgently, an advocate can advise whether any interim step is available to preserve funds or to deal with a specific asset, and the bank can be asked what it will accept pending the grant.
Planning helps. Where a will exists, the executor should be identified early and the original located. Where the family knows the accounts, institutions and liabilities, the administration can be organised around them rather than discovered one institution at a time.
Cost and when to get advice
The costs of the process include court filing fees for the succession cause, the cost of the gazette and any valuation, and advocate’s fees, which are regulated. Bank charges may also apply to the release. Ask for a written estimate before the cause is filed, and ask whether the estate is likely to require a full administration or a simpler process.
Advice is important where the estate is large, the will is disputed, there are minor or unborn beneficiaries, the family is not agreed on the administrator, the deceased held property or accounts abroad, or a bank has declined to release funds. The firm’s banking and securities practice in Nairobi advises estates alongside letters of administration and the choice between probate and letters of administration.
Primary sources
- Law of Succession Act (Cap 160), Kenya Law.
- High Court of Kenya: probate, for the court’s probate and succession materials.
- The Judiciary of Kenya, for court services.
This article is general information, not legal advice.
