What Happens To Bank Accounts After Death In Canada? - Loans Canada (2024)

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No matter what your living situation is like, there are a few things that can get complicated in the event of your death, particularly when it comes to your finances. For instance, the management of your estate will become particularly important, as it’s used to distribute your inheritance and, if necessary, cover your unpaid debts.

There are also a number of ways that the money in your bank accounts might be dealt with. Keep reading if you’d like to know what happens to your bank accounts after death in Canada, so you can better prepare yourself and your loved ones.

What Happens To Bank Accounts After Death In Canada?

Depending on whether you were the sole owner or if it was a joint account, what happens to your bank accounts after death in Canada will vary.

What Happens To Bank Accounts After Death In Canada For Sole Owners?

When you die as the sole owner, the first thing your bank or credit union will do is shut down your account.

Afterward, there are a few possible outcomes for whatever savings remain within, including but not limited to the following:

Your Savings Will Be Passed Down To Your Beneficiaries

  • When You Have A Will – If you listed anyone on the account as a beneficiary, the leftover money will pass to them. If not, the executor of your estate is tasked with contacting any beneficiaries from your will and distributing your assets amongst them.
  • When You Don’t Have A Will – If no will is found, the court will assign an administrator to divide up your money and transfer it to your heirs. Known as “intestate succession”, this process varies according to the provincial or territorial laws that govern your estate. Generally, your spouse would receive the majority of the money and the remaining inheritance will be distributed to your children or other next of kin.

Your Account Funds Will Be Used To Settle Any Accounts

Before the administrator takes control of finances, your financial institution will use part of your savings to pay off any outstanding personal loans or credit card bills. Other lenders may make a claim on your estate if you owed them enough.

What Happens To Bank Accounts After Death In Canada For Joint Owners?

Once again, there are a few things that can happen to your joint bank account if you pass away:

The Right Of Survivorship Takes Effect

This is a legal arrangement that joint account holders can make, which allows the surviving holder to immediately claim any money once you die. If that’s the case, the account will not become part of your estate, nor will it be subject to any probate fees.

The Account Gets Transferred To Your Estate

If you and the other account holder(s) did not establish a right of survivorship agreement, the money in the joint bank account will generally be absorbed by your estate. Afterward, the estate executor will be charged with disbursing the funds accordingly.

The Power of Attorney kicks in

If you signed a POA contract with your joint account holder or another person, your Power of Attorney, otherwise known as the “donor” or “mandator” (in Quebec), would kick in. When in effect, this document gives the “attorney” or “mediary” permission to manage your financial affairs, including your bank accounts, when you die.

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What Happens To Joint Bank Accounts After Death In Quebec?

Different rules apply in Quebec. Unlike other provinces and territories, there is no right of survivorship in Quebec. Instead, your bank would freeze your joint account and whatever money remains will become the property of:

  • The surviving account holder(s) and;
  • Your estate.

It’s also possible that the holder and your executor will come to a written agreement wherein a portion of the money will be transferred separately to the estate and to the survivor’s account.

Before you open a joint account, understand that what happens to it when you die will vary based on:

  • The terms set by your financial institution
  • The conditions of your will, and;
  • The provincial or territorial laws that control your estate.

Will Your Credit Score Be Affected?

No, you credit scores will not be affected when your joint bank holder passes away. In fact, opening and closing bank accounts have no impact on your credit. If you’d like to keep tabs on your credit, you can do so for free on Compare Hub.

What Is A Joint Bank Account?

A joint bank account is when you open a shared account with one or more people. This usually is your spouse or common-law partner. These accounts are often used for the sake of convenience.

As such, a joint account can be a good way of saving more income and paying larger bills. There may even be certain tax benefits if you or another account holder transfers money from their personal account.

What Documents Are Required To Settle A Deceased’s Bank Account?

There are a few other financial matters that need to be addressed before your estate can be settled properly. For instance, prior to closing your accounts, your financial institution may request several documents to prove that you’re dead, such as:

  • A death certificate
  • A copy of your will (if any)
  • Proof of the executor or administrator’s identity

As mentioned, if there are no beneficiaries listed on your accounts and you didn’t leave a will, your financial institution will wait until the provincial or territorial government designates an administrator for your estate. Once that’s done, a notice from the court and a death certificate will allow the administrator to secure the accounts.

Related:

  • What happens to your debt after you die?
  • What happens to your student debt after you die?
  • Dealing with the financial outcome of the death of a spouse

What Is A Payable On Death (POD) Account?

Any bank account where one or more beneficiaries are named is known as a “payable on death” account. In such scenarios, the beneficiaries will automatically be entitled to collect your remaining funds right away. As long as they can prove their identity and produce a death certificate, the account will not go to probate.

However, if all of your beneficiaries die before you, the funds will be transferred to your estate executor. They will then distribute them in accordance with standard government regulations.

Benefits Of A POD Account

  • Naming beneficiaries makes the fund distribution process a lot easier
  • Your funds will not be subject to any probate fees, laws, or procedures
  • If it’s a joint account, the funds will remain in place until all holders have died
  • If you name several beneficiaries, each will receive an equal portion of the funds
  • Changing beneficiaries is easy. All you need is their name, SIN # and birth date

Drawbacks Of A POD Account

  • If a beneficiary dies before you name an alternate, the account will go to probate
  • POD accounts are not as legally binding as a will or the Power of Attorney
  • If the terms of the POD do not match those of your will or estate plan, your estate beneficiaries may not be able to collect any of the leftover funds
  • If you become mentally incapacitated, any family members who aren’t joint account holders must go to court in order to access the funds

How Can I Avoid Complications By Planning Ahead?

Unfortunately, your death could leave your loved ones struggling, particularly when it comes to finances. As such, it’s always a good idea to start planning as soon as possible to avoid these kinds of complications.

Here are a few preventative measures you can take to minimize any risks:

  • Get advice from your financial institution, an estate planner, and a lawyer
  • Set up a Power of Attorney agreement with someone you trust
  • Think about who you’d like to name as your account beneficiaries
  • Create a detailed Will and have it stored in a safe location
  • Open a trust account (similar to a POD account, only you can name primary and secondary beneficiaries)

Additional Reading

What Happens To Bank Accounts After Death In Canada? - Loans Canada (2)

What Is Open Banking?

What Happens To Bank Accounts After Death In Canada? - Loans Canada (3)

What Happens to Your TFSA When You Die?

Bottom Line On What Happens To Bank Accounts After Death In Canada

As worrisome as it can be, preparing your finances for your eventual death is an extremely important part of protecting your loved ones and seeing that they’re taken care of in the years that follow.

What Happens To Bank Accounts After Death In Canada FAQs

Do bank accounts automatically close after death?

When you pass away, your bank will completely close your account. If you named someone as a beneficiary to your account, the bank will release the money from your account to that individual. Otherwise, the funds will become part of your estate.

What happens to my bank account if I die without a will?

If you don’t have a will that specifically names beneficiaries, the courts will typically determine what happens to the funds from your account. Through a process known as “intestate succession,” an administrator will be appointed to divide your assets and transfer them to your heirs. This process varies by province and territory.

How will a bank know someone has died?

Banks must be notified when an account holder passes away in order for accounts to be closed in a timely manner and funds distributed accordingly. If the deceased was the sole owner of an account, the bank will convert it to an estate account. The family of the deceased should obtain a copy of the death certificate and meet with the bank branch manager.

What happens to money in a bank account after someone dies?

If a beneficiary is named, the funds from a bank account will be transferred to that beneficiary. The person must then reach out to the bank and provide proof that they have a valid claim to the money. Without a beneficiary, the assets of the account will be included in the deceased’s estate.

How long do you have to claim a deceased person’s bank accounts?

There isn’t a specific deadline that you have to meet to claim funds from an account. That said, it’s highly recommended that you deal with the claim swiftly. This is because there is a risk that the account could eventually be considered dormant. When this happens, banks may turn the account over to the state. You will likely still have access to the assets even if the account is deemed dormant, though you might have to take extra steps to get the funds. To avoid any issues, you’d be well-advised to make your claim soon after the death of the account holder.

What Happens To Bank Accounts After Death In Canada? - Loans Canada (2024)

FAQs

What Happens To Bank Accounts After Death In Canada? - Loans Canada? ›

When someone dies, their bank accounts are closed. The executor of the estate will be in charge of dividing the estate up according to the will, which is a legally binding document that outlines who receives the deceased's assets following their death.

Is debt passed on after death Canada? ›

In Canada, your debts don't transfer to your beneficiaries after you die. Instead, your estate will settle your outstanding debts using your remaining assets. They would be responsible for taking on your debt obligations only if they are a joint debtor or co-signed or guaranteed a loan contract.

Do loans get passed on after death? ›

If there's no money in their estate, the debts will usually go unpaid. For survivors of deceased loved ones, including spouses, you're not responsible for their debts unless you shared legal responsibility for repaying as a co-signer, a joint account holder, or if you fall within another exception.

How long do creditors have to collect a debt from an estate Canada? ›

Statute of Limitations and Claims Deadlines

Typically, these time limits range from 2 to 6 years for unsecured debts (such as credit cards), and sometimes even longer for contract debts.

What happens to personal loan on death? ›

As personal loans are unsecured loans, banks cannot auction the person's assets or property to get their money back. However, if there is a co-applicant, he or she can be held responsible for the repayment. In case of no co-signer, the insurance company bears the responsibility to pay back the amount.

Is the executor personally liable for debts in Canada? ›

The Executor or Administrator is not personally liable for debts of the estate when administered properly, nor are any beneficiaries under a Will. It is, however, important that Executors and Administrators follow the legal scheme for distribution to avoid becoming personally liable for some debts.

What happens to a mortgage when someone dies Canada? ›

What happens to the debt? In Canada, the mortgage stays with the home, not the person. So if you are the sole owner of the property and you die, then the mortgage doesn't go with you to the grave, nor is it forgiven. It must be paid for from your estate.

What loans are not forgiven at death? ›

Car Loans. A car loan is not forgiven on death. It becomes the responsibility of the estate and any co-signer.

What debts are not forgiven at death? ›

Additional examples of unsecured debt include medical debt and most types of credit card debt. If you die with unsecured debt, repayment becomes the responsibility of your estate. Your legal estate refers to all the assets, property and money left behind by you or another deceased person when they die.

Are loans inheritable? ›

Most debt isn't inherited by someone else — instead, it passes to the estate. During probate, the executor of the estate typically pays off debts using the estate's assets first, and then they distribute leftover funds according to the deceased's will.

Does debt go away after 7 years in Canada? ›

This myth is incorrect, debt does not disappear after 7 years in Canada. This common misconception is likely derived from the fact that most debts drop off your credit report after 7 years. However, this doesn't mean your debt disappears. It just disappears from your credit report.

How long can you be chased for a debt in Canada? ›

How Long Can A Debt Collector Pursue An Old Debt In Canada? While debt collectors can technically pursue an old debt in Canada for as long as they'd like, there are laws in place that restrict when they can take someone to court or file legal action against a debtor. In Canada, this period is six years.

What happens if you don't pay your debt in Canada? ›

If you don't make your debt payments, a debt collector may contact you. Their objective is to collect money you owe on a credit card, line of credit, or loan. Your creditor, that is, the company that you owe money to, may try to get their money back by: using their own debt collection department if it has one.

Can a personal loan be forgiven at death? ›

Student loans are commonly forgiven upon a borrower's passing. Most kinds of consumer debt, including auto loans, credit cards, and personal loans, are leveraged against the estate, up to the full value of the estate. If the estate's full value is less than the debt owed, remaining debt will often be discharged.

Are private loans forgiven at death? ›

Most private student loans may be discharged due to death as long as there is documentation, usually a death certificate. However, it's not a requirement for lenders to offer this discharge, so there's a chance that you could run into a lender that doesn't offer this option.

What is the death clause in a loan agreement? ›

In most cases, the loan agreement will include a clause that stipulates what happens in the event of the lender's death. This clause will determine whether the loan can be transferred to another party, such as a surviving spouse or family member, or if it must be repaid immediately.

When a family member dies do you inherit their debt? ›

Most debt isn't inherited by someone else — instead, it passes to the estate. During probate, the executor of the estate typically pays off debts using the estate's assets first, and then they distribute leftover funds according to the deceased's will. However, some states may require that survivors be paid first.

Am I responsible for my deceased parents debt? ›

Many Baby Boomers plan to pass down inheritances to their loved ones, but some aren't so lucky. It may come as a relief to find out that, in general, you are not personally liable for your parents' debt. If they pass away with debt, it is repaid out of their estate.

Do children inherit parents debt? ›

If a parent dies, their debt doesn't necessarily transfer to their surviving spouse or children. The person's estate—the property they owned—is responsible for their remaining debt.

What happens if a deceased person owes taxes in Canada and no money? ›

When a person passes away and still owes taxes in Canada, their tax obligations do not cease. The executor or administrator of the deceased person's estate is responsible for filing a final tax return on their behalf.

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