Frozen Accounts, Court Delays, and Grief: What Happens in the Probate Process
Your mom told you not to worry because she had taken care of everything. She chose you as her power of attorney. You were on her accounts to help pay bills and manage her finances. When she passed away, you assumed you would simply continue handling things the same way you always had.
Then, a few weeks after her funeral, you tried to deposit the insurance check. The bank teller looked at the check, then at your power of attorney paperwork, and shook her head. “I’m sorry, but we can’t accept this. You’ll need to go through probate court first.”
Suddenly, you are facing a confusing legal process you know nothing about while barely functioning through your grief. The mortgage payment is due. Bills are piling up. Everything she reassured you was handled has turned into a complicated mess.
Understanding why this happens starts with knowing what occurs when someone dies.
Authority Disappears
Most people do not realize that a power of attorney is only valid while someone is alive. It disappears upon death. The paperwork that allows you to manage accounts, make financial decisions, and handle day-to-day matters suddenly isn’t worth the paper it’s printed on.
This catches families off guard. You were trusted to handle everything yesterday. Why can’t you do it today? The answer lies in how the law views death. When someone dies, their legal identity changes. Assets that belonged to a living person now belong to an estate, which is a separate legal entity that must be administered through the probate court system.
Without the right planning in place, no one has automatic authority to manage estate assets. Not the closest family member. Not the person who handled the finances. Not even someone named in documents that worked perfectly during the person’s lifetime.
Accounts are Frozen
Financial institutions have strict rules about who can access accounts after someone dies. They are legally required to protect assets until someone proves they have proper authority. As a result, accounts are frozen, checks are issued to the estate instead of individuals, and transactions come to a halt.
This creates immediate, practical problems. How do you pay for the funeral when you cannot access funds? How do you cover the mortgage due next week? What about utilities, insurance premiums, or other ongoing expenses? Can you pay for all of this out of pocket? Many people cannot, especially when they already have their own mortgage, utilities, health insurance premiums, college tuition, and other obligations.
The frustration deepens when you know the money is there. You can see the account balance, but you cannot touch it without going through a formal legal process. Unfortunately, gaining access to frozen assets requires navigating a complex court system.
The Court Process No One Wants
When proper planning has not been done, someone must petition the court for authority to handle estate matters. This involves filing paperwork, paying fees, attending hearings, and waiting for the court to issue documents granting legal authority.
The timeline varies, but families should expect months, not weeks. During that time, you may need to take off work for court appearances, gather documentation, and wait for approval on decisions that need to be made quickly. You may also be waiting on family members to sign and return legal paperwork.
The costs add up. Court filing fees are only the beginning. Many families need legal help, which means attorney fees. There may be accounting requirements as well. All of these expenses are paid from the estate before anything is distributed to loved ones.
The court process can also invite conflict, causing further delays. Heirs must receive notice of filings and have the right to file claims, challenge proceedings, or dispute inheritances. This not only slows resolution but can tear families apart.
And while you are dealing with court procedures and paperwork, the state is making decisions about your family’s future.
When the Law Decides for You
Without a will or trust stating otherwise, state law determines who inherits what. These laws follow rigid formulas based on family relationships. In simple situations, the outcome may align with what the deceased would have wanted.
Problems arise in more complex families such as blended families, unmarried couples, and estranged relatives. In those cases, state law may produce results that do not reflect the person’s wishes or what makes sense for their loved ones. You also lose control over the details. Who gets Grandmama’s fine china? How should sentimental items be divided? What happens to the family home? Without instructions, these decisions are left to the court or become sources of family conflict.
Beyond the legal and financial complications, there is another cost families feel most deeply.
The Emotional Cost That Numbers Can't Capture
There is an emotional burden that is hard to quantify. You are grieving while navigating bureaucracy, making phone calls, filling out forms, and attending court hearings when you would rather be with family and friends who are also mourning.
Family relationships can suffer. Even close families may experience tension without clear guidance. Siblings may disagree. Questions arise about fairness. Old resentments can resurface when emotions are already raw.
Through it all, you may wonder why it had to be so hard. Your mom did not intend to leave it like this. She likely did not realize planning was necessary, or that the planning she did was incomplete.
The good news is that this does not have to happen to you or your loved ones.
A Different Path Exists
The good news is that this entire situation is avoidable. With proper planning and a trusted advisor, families can bypass court proceedings, access assets without delay, and focus on healing instead of paperwork.
The difference lies in creating a comprehensive plan that works during life and after death. That means clearly naming who has authority, how assets are transferred, and what guidance your family will need. It means creating a plan that works when it matters most. It also means having professional support in place. When your family works with someone who knows you and understands your wishes, they are not left with a stack of documents to decipher. They have a trusted advisor to guide them.
The time to act is now, while you can make clear decisions and put proper protections in place. Your loved ones deserve better than navigating a complex legal system during one of the hardest moments of their lives.
Contact us today to schedule a complimentary 15-minute discovery call and learn how we can support you.
