When a Brokerage Account Holder Dies—What Comes Next? (2024)

Death is an unavoidable fact of life—and of financial planning. When it comes to the death of a brokerage account holder, many firms have trained staff and resources to help the living manage estate matters such as how brokerage account assets will pass to heirs and beneficiaries. While specific procedures vary, brokerage firms tend to follow a fairly similar process of transitioning account assets to an account holder's heirs and beneficiaries.

Once a firm has been notified of the death of an account holder, which should be done in a timely manner, here are some things you can expect.

Documentation

First, the brokerage firm will request a variety of documents. Generally, this will include some or all of the following items, in a format prescribed by the firm:

  • death certificate;
  • court letter of appointment naming the executor (current in its date and with a visible or original court seal);
  • stock power, which is a type of power of attorney that allows for the transfer of ownership of stock;
  • state tax inheritance waiver, if applicable;
  • affidavit of domicile;
  • for accounts held in trust, the trustee certification showing successor trustee and
  • for joint accounts, a letter of authorization (LOA) signed by the surviving tenant if the assets are moving anywhere other than their own account. Alternatively, if there is no surviving tenant and the assets are moving anywhere other than the last decedent's estate account, the firm will require an LOA signed by the executor.

Required documents differ depending on the type of account the account holder has at their death. For example, different documents are required depending on whether the deceased had a single or joint account, whether one or both account holders are deceased, and whether the account is a trust and the trustee or grantor has died. In addition, each firm has its own requirements, so be sure to provide the firm with information about your specific circ*mstances to get clarity on what documents it will need.

To reduce the chance of having documents rejected, follow your firm's instructions closely. Firms may reject documents because they’re not signed in the appropriate capacity (for example, executor, survivor, trustee) or have been completed incorrectly (for example, by transposing certificate numbers). Documents may also be rejected if information on the document has been altered or the documents are outdated or missing the appropriate court seal.

Establishing a New Account

Once the necessary documents are received, a new account is typically set up for the beneficiary or estate, at which time securities registered in the name of the deceased person will be transferred. Generally, no account activity (buying, selling, transfer of the account to another firm) can occur until legal authority is established and the new account is opened.

As with any new account, the process will include filling out a new account application that will require the beneficiary to provide some personal information—such as Social Security number, annual income and net worth—and make certain decisions about the account. Registered financial professionals use this information for several purposes, including learning about the new account owner and their financial needs and meeting legal and regulatory obligations.

You should also take time to get to know your registered financial professional and firm: UseFINRA BrokerCheckto check out the background of an investment professional and firm.

Tips for Heirs and Beneficiaries

If you’re an heir or beneficiary to brokerage account assets, these tips can help the asset transition process go smoothly:

  • Notify the firm in a timely manner of an account holder's death. If you aren't sure whether the deceased had a brokerage account, keep an eye out for account statements or other indications that an account exists.
  • Know what you own. Upon taking ownership of the account assets, take time to understand your investment holdings and determine whether they’re right for you. In particular, learn about the risks of each investment, if there are any restrictions on when you can sell the investment (liquidity risk), and any fees or other costs associated with the investment.
  • Investigate the pros and cons of selling investments. If you plan to sell assets, there likely will be costs and tax consequences from the sale. Selling decisions should align with your overall investment objectives.
  • Assess whether the current firm and broker are right for you. You’re not required to stay with the deceased person's firm or the broker who handled the account—and you shouldn’t be pressured to do so. That said, don't feel compelled to transfer your account to another firm, and don't transfer assets or buy new ones without doing yourdue diligenceabout the firm, investment professional and investments.

Not every brokerage account transfer situation is trouble-free. But coming into the process with a sense of what to expect from the deceased person's brokerage firm, and what the firm will likely ask of you, can help make the transition less confusing.

When a Brokerage Account Holder Dies—What Comes Next? (2024)

FAQs

When a Brokerage Account Holder Dies—What Comes Next? ›

Once the necessary documents are received, a new account is typically set up for the beneficiary or estate, at which time securities registered in the name of the deceased person will be transferred.

When a brokerage account holder dies what comes next? ›

After you die, ownership is passed to the named beneficiaries. You can change beneficiaries or cancel your TOD throughout the life of your account, usually by filling out the documents a firm requires to make changes or revoke the TOD. Once you die, your designated beneficiaries cannot be changed.

Does a brokerage account go through probate? ›

YES, if there are no TOD beneficiaries named on the account or if there is a complication with the named beneficiary. For example, if the named beneficiary has passed away first and the designation was never updated, the account will be subject to probate.

What happens to a brokerage account when someone dies with no beneficiary? ›

If there is no named beneficiary, the brokerage account will enter probate along with the rest of the estate. This can take months or even years to settle. The accounts will be subject to applicable taxes. The named heirs in your will won't receive access to the brokerage account until the probate process is complete.

What happens to the ownership of stocks after a person dies? ›

But what happens to stocks when you die? Stocks and other investments become part of your estate when you pass away. Who is entitled to inherit your stocks can be determined by your beneficiary designations, your will if you've created one or inheritance laws in your state if you die without a will in place.

Which is better tod or beneficiary? ›

A beneficiary form states who will directly inherit the asset at your death. Under a TOD arrangement, you keep full control of the asset during your lifetime and pay taxes on any income the asset generates as you own it outright. TOD arrangements require minimal paperwork to establish.

Can I name a beneficiary on my brokerage account? ›

Clients can designate beneficiaries for both individual retirement accounts (IRAs) and brokerage accounts. However, the process for updating your beneficiaries differs between the two, so make sure you follow the correct steps for the type of account you have.

Are brokerage accounts taxable beneficiaries? ›

As a beneficiary, you may be required to pay taxes on your inherited assets in the future. It depends on the types of accounts you receive and what you do with those accounts. Taxable Accounts (Brokerages/Trusts) – Each year, the income you receive from your investments (e.g., dividends and interest) is taxable to you.

How are brokerage accounts taxed to beneficiaries? ›

Therefore, the beneficiaries of the stock will only be liable for income on capital gains earned during their own lifetimes; that income will be taxed at the long-term capital gains rate.

Are brokerage accounts non probate assets? ›

If you have any stocks or bonds, or mutual funds you may be holding the actual certificates, or they may be in book entry form, or they may be held in an account at a stock broker. If the securities or accounts are in your name alone, they are probate property.

Should I put my brokerage account in a trust? ›

To avoid probate on brokerage accounts, you must create a trust or fill out a TOD (transfer on death) form to transfer the money directly to your beneficiaries. It is generally better to retitle your investment accounts to your trust during your lifetime rather than rely on a TOD to transfer your accounts at death.

How do you cash out stocks from a deceased person? ›

Cashing in stocks of a deceased person can be done by going to a brokerage office and doing what is called a stock transfer. There will typically be a form that you fill out to transfer ownership, which will then become available at the brokerage office for your signature.

How long can you keep a deceased person's bank account open? ›

There is no exact limit on when you need to claim funds, and you can certainly take some time to adapt to a loved one's death. However, it's wise to act promptly. Eventually, the account may go dormant, and banks might be required to turn over dormant accounts to the state for safekeeping (usually after several years).

Can you transfer shares without probate? ›

In these cases, it is usually up to the board of directors to decide whether or not they will require a Grant of Probate to be issued before actioning a sale or transfer. They may be agreeable to accepting other evidence instead, such as a certified copy of the Will.

When an account owner dies the deceased's shares pass to the surviving owner? ›

Rights of Survivorship

The surviving owner would continue to have full access to the money even if the co-owner of the joint checking account were to die, as long as the account carries these rights.

Who gets the shares when a shareholder dies? ›

What happens to shares upon the death of a shareholder? If the shares are registered in the deceased's name alone then legal title to the shares passes automatically to the personal representatives – a transfer process known as transmission.

How do you cash in stock after death? ›

The process for liquidating inherited stock is fairly straightforward. Once the stock is in the beneficiary's brokerage account, they can sell the stock by placing a sell order through the brokerage. The beneficiary can choose to sell the stock all at once or to sell it in smaller portions over time.

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