Frozen Accounts, Court Delays, and Grief: What Happens in the Probate Process
Your mom reassured you not to worry, she had everything handled. You were her power of attorney, helping her pay bills and manage her accounts. When she passed away, you assumed you would continue managing things as you had been.
Then you tried to deposit the insurance check. The bank clerk looked at the check, looked 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 the probate court first.”
Suddenly, you are facing a legal process you know nothing about, at a time when you are grieving. The mortgage payment is due. Bills are piling up. And everything that seemed settled now feels complicated and uncertain.
Understanding why this happens starts with knowing what shifts the moment someone dies.
Authority Disappears
Many people are surprised to learn that any legal authority created through a Power of Attorney ends the moment a person dies. The documents that allowed you to help manage accounts, make financial decisions, and handle day-to-day business no longer apply.
This catches families off guard because it seems illogical. You were trusted to handle these matters yesterday. Why can’t you handle them 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 properly administered through the court system.
Without the right planning in place beforehand, no one has automatic authority to manage estate assets. Not the closest family member. Not the person who had been helping with finances. Not even someone named in documents that worked perfectly well during the person’s lifetime.
This sudden loss of authority creates immediate practical challenges that few families expect.
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 to manage them. This means accounts get frozen, checks get issued to estates rather than individuals, and transactions come to a stop.
For loved ones, this creates immediate concerns. How do you pay for the funeral when you cannot access accounts? What happens to the mortgage payment that is due next week? How do you handle utility bills, insurance premiums, or other ongoing expenses? Can you cover these costs out of pocket? Many people cannot, especially when they have their own mortgage, utilities, health insurance premiums, or tuition to pay.
The frustration grows when you know the money exists. You can see the account balance. You know there are sufficient funds. But you cannot use any of it without going through a formal legal process first.
Unfortunately, getting access to those frozen assets requires navigating a complex legal system.
The Court Process No One Wants
When proper planning has not been done, loved ones 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 that grant legal authority.
The timeline varies, but generally, families should expect this process to take months, not weeks. During that time, you are juggling work and family responsibilities while learning an unfamiliar legal process. You may need to take time off for court appearances, gather documentation, and wait for approvals on decisions that feel urgent. You may also be waiting for family members to sign legal paperwork and mail it to you.
The costs add up, too. Court filing fees are only the beginning. Many families need legal help to navigate the process correctly, which means attorney fees. There may be accounting requirements as well. All of these expenses come out of the estate before anything can be distributed to loved ones.
The court process is also structured in a way that can lead to conflict, which causes further delays. Heirs must receive notice of filings, and they may file claims against the estate, challenge the proceedings, or dispute what they believe they should inherit. This not only takes time for the court to resolve, it can also create family rifts that are difficult to repair.
And while you manage procedures and paperwork, the law may be making decisions about your family’s future.
When the Law Decides for You
Without a will or a trust stating otherwise, state law determines who inherits what. These laws follow a rigid formula based on family relationships. In some simple situations, the outcome may align with what the deceased person wanted, but the process still takes time and money.
Real challenges arise with more complex families. Blended families. Unmarried couples. Estranged relatives. Loved ones with special circumstances. When state law controls the outcome, the results may not reflect the person’s true wishes or what best supports the people they care about.
You also lose control over meaningful details. Who receives family heirlooms? How should sentimental items be shared? What happens to the family home? Without clear instructions, these decisions may be left to the court or may lead to conflict as grieving family members try to decide what is fair.
The Emotional Cost That Numbers Can’t Capture
Beyond time and money, there is an emotional toll that is hard to measure. You are grieving while managing bureaucracy. You are making phone calls, filling out forms, and attending hearings when you would rather be with family and friends.
Even in close families, the stress of handling estate matters without guidance can create tension. Siblings may disagree about decisions. Questions may arise about whether things are being handled fairly. Old hurts can surface when everyone is already vulnerable.
And through it all, you may wonder why it had to be so difficult. Your parent did not intend this burden. They may not have realized that planning was necessary or that the planning they did was incomplete.
The good news is that none of this has to happen to you or your loved ones.
A Different Path Exists
This entire situation is avoidable. With thoughtful planning and a trusted advisor, families can often bypass court proceedings, access assets without delay, and focus on healing instead of paperwork.
The key is creating a comprehensive plan that works after death, not just during life. This means deciding who will have authority to manage affairs, how assets should transfer, and what instructions your family will need when the time comes. It means documenting your wishes in a way that will work when your loved ones need it most.
It also means having professional support in place to guide your family. When you work with someone who knows you and understands your decisions, your loved ones have a trusted advisor to call, not just a stack of documents to interpret alone.
Most importantly, the time to act is now, while you can make clear decisions and put strong protections in place. Your loved ones deserve more than the burden of navigating a complex legal system during one of the hardest moments of their lives.
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This article is a service of Chavis Law Firm, a Personal Family Lawyer Firm. We don’t just draft documents; we empower you to make informed and confident decisions about life and death, for yourself and the people you love. That is why we offer a Life & Legacy PlanningⓇ Session, during which you will become more financially organized than ever before and make the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.