'He's executor of his dad's estate': Should my son use his late father's bank account to pay for funeral expenses?

By Quentin Fottrell

'There's no trust in place, but there is a will'

"How long does it take for an executor to be able to access the account and pay the debts of the deceased?" (Photo subject is a model.)

Dear Quentin,

My 27-year-old son has a dilemma. He's the executor of his dad's estate. (There's no trust in place, but there is a will.) At this point, the estate has less than $100,000, if that matters.

Is it advisable for my son to transfer some of his dad's funds to a newly established account in his name so he can at least cover the final bill for home care, cremation and death-with-dignity-related expenses?

How long does it take for an executor to be able to access the account and pay the debts of the deceased?

Taking Care of Things

You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com, and follow Quentin Fottrell on X, the platform formerly known as Twitter.

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Your son should not transfer money from his father's accounts without the bank's involvement.

Dear Taking Care,

Being an executor is often a lonely, time-consuming and thankless task. The executor's responsibilities are extensive: They cover maintenance of real estate, paying the mortgage, making sure squatters don't occupy the property, clearing out and distributing furniture and other items to heirs, and staying current on insurance bills and property taxes. Your son is also responsible for paying creditors and reimbursing people who paid for certain expenses, like the funeral, out of pocket.

Your son should not transfer money from his father's accounts into an account in his own name. That typically happens once all of the paperwork has been processed after the conclusion of the probate process. Debts, taxes and expenses must be paid, and this can take several months to over a year. However, some funds can be released much faster - in a matter of days or weeks - if the account had a payable-on-death or transfer-on-death or joint owner designation, which would allow it to bypass probate.

Your son would need to provide the bank with a copy of the death certificate, letters testamentary and, in some cases, a tax ID for the estate. "This might include a court order, a letter from the executor of the estate, or other legal documents," according to Tejes Law, based in Orlando, Fla. "If the deceased person had a joint bank account with someone else, the surviving account holder will typically be able to access the funds immediately. This is because joint bank accounts are set up to pass directly to the surviving account holder upon the death of one of the owners."

After fulfilling all of these conditions to withdraw money, your son would still need to keep careful records of any withdrawals or payments. "This is important for tax purposes, as well as for making sure that the deceased person's other debts and obligations are properly addressed," the law firm adds. "In some cases, creditors or other beneficiaries of the estate may challenge the use of these funds, especially if they believe that there was insufficient documentation or oversight."

Not all funeral-related costs are reimbursed out of the estate. Those that are covered generally include funeral-home services - including preparation, hosting the service, burial or cremation costs, a casket or urn, a burial plot, burial clothing, flower arrangement, publication of an obituary and even a lunch or dinner gathering after the service for friends and family, according to Empathy.com. Not included: "A headstone or any other permanent memorial," the site adds.

Certain assets do not go through probate, including joint accounts and payable-on-death accounts (such as retirement accounts and life-insurance accounts) that have designated beneficiaries, properties held with co-owners as joint tenants, and assets held in a revocable trust. Heirs can also fill out a small-estate application if the assets in the deceased person's name do not exceed a certain amount, which varies by state.

If the assets are under the small-estate threshold (often between $25,000 and $150,000), you may skip full probate entirely, which changes everything. In New York, for example, there is a "small estate" option for estates of $50,000 or less. To use this option, the executor files an affidavit of voluntary administration. The filing fee is $1, and they will need to provide a death certificate and a will, if one exists.

Bottom line: If there are urgent funeral expenses, your son can pay them out of the estate funds once he has the legal authority to do so. He may also consider paying those final bills out of his own pocket and reimbursing himself from the estate account once everything is formalized. It's a long and slow process, and your son will require patience during this stressful and extremely sad time of his life.

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Check out the Moneyist private Facebook group, where members help answer life's thorniest money issues. Post your questions, or weigh in on the latest Moneyist columns.

Previous columns by Quentin Fottrell:

'He lives paycheck to paycheck': My husband pays his bills late and sits at home playing on his computer. How do I fix it?

'My pay was cut 30%': I have $12K in credit-card debt. Is it time to take a loan from my 401(k)?

I have a $10K expense. Do I withdraw money from my investments or my high-yield savings account?

By emailing your questions to the Moneyist or posting your dilemmas on the Moneyist Facebook group, you agree to have them published anonymously on MarketWatch.

-Quentin Fottrell

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11-20-25 1132ET

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