Created Your Will? Why Your Heirs Could Still Face Major Delays
A will alone doesn't mean your heirs can easily or quickly access your estate. If you want to leave funds for a funeral, here's what to do instead.
My mom died unexpectedly one month after creating her will. She was sure to include a clause that funds from her estate could be used to cover costs, like her memorial service, and had spoken to me about how she'd named me executor and how she made sure money was available for those immediate expenses.
Though she'd planned to make the process as logistically and financially simple for me as possible through her estate planning, that quickly changed after her death. My mom's death was unattended, and the state of Massachusetts performed an autopsy. Months later, we still don't have the results. I have a death certificate listing her cause of death as pending, and her bank won't accept it, so I can't do something as simple as deposit her vacation payout from her employer. I won't have access to her estate funds anytime soon, and despite having a will, her estate has to go through probate.
My family's situation isn't unusual, and it's added financial stress to an emotionally turbulent time. I spoke with three attorneys to learn about why this happens and what you can do to avoid this. Here are five situations that might happen after a death despite your estate planning efforts. These situations may delay your heirs from being able to access the money you set aside for immediate expenses like funeral or memorial service costs, mortgage payments and more.
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1. A death certificate may create challenges for your beneficiaries
A death certificate is a legal document that includes details about a death, including its date, time, location and cause. It's needed to begin the probate process, access or close bank accounts, claim a life insurance policy and more. If you've left money in a bank account to be used for expenses after your death, your beneficiaries will need a death certificate to access that account.
Things get more complex if an autopsy is performed. In some situations, a cause of death is clearly evident, but in others, it can be more complicated, necessitating an autopsy. Autopsies are particularly important and common when someone passes away at a young age, and they can provide a family with important peace of mind.
If an autopsy is performed, beneficiaries may receive a death certificate listing the cause of death as pending. When the autopsy results are available, that certificate can be updated to reflect the official cause of death.
Several financial transactions may require an official cause of death. "With a lot of financial assets, especially life insurance, the cause of death ultimately determines if the funds get paid out and how much they get paid out," says Kelsey Simasko, Attorney at Simasko Law. Since many life insurance policies have exclusions for suicide, illegal drug use or deaths that occur in a felony, life insurance won't pay out a policy until the insurer knows how an individual died.
"A lot of life insurance policies have riders for accidental death, so you need the official cause to determine if it's accidental and if the family should be paid out triple the policy," says Simasko.
Banks and credit unions may or may not accept a death certificate listing a cause of death as pending. According to Simasko, such financial institutions operate according to their own internal policies regarding whether to accept a death certificate with a pending cause of death. Most institutions would rather be safe than sorry, so beneficiaries may not be able to access an account at all until they have a death certificate with an official cause of death.
2. Autopsy results could delay a final death certificate
If an autopsy is performed, a beneficiary may need to wait on the final autopsy report before being able to proceed with tasks like accessing a bank account or claiming a life insurance policy. Unfortunately, the amount of time that a family may wait for a final report and death certificate may very significantly.
Benjamin Trujillo, Partner J.D., LL.M. at MONETA, explains that while the autopsy may be completed quickly after a death, toxicology and other laboratory work can extend that timeline. "Some tests can take more than a year with a backed-up lab," he says.
Simasko adds that location also affects autopsy processing timelines. Highly populous counties, such as those encompassing major cities, typically have a much larger backlog of autopsies to perform and process. In contrast, the process will likely be much faster in a small county.
3. Your bank account might be automatically frozen
Financial institutions often automatically freeze a bank account after the account holder dies. According to Elizabeth Acevedo, Shareholder/Director at Weinstock Manion, this can occur if someone calls and notifies the bank, or if a staff member sees an obituary in the news.
When older adults pass away, account freezes may be caused by benefits. "One of the most common things that triggers [an account freeze] is if the person was receiving any benefits," Acevedo says, such as Social Security benefits. "The Social Security Administration is one of the first ones to learn of the death, and they're the first to recover any additional payments that have been made. This often alerts banks."
According to Simasko, once an account is frozen, a beneficiary listed on the account will have to fill out paperwork to be able to access the account. If there's no beneficiary, a bank can't release any money until they receive an order from the probate court.
Trujillo explains that people are often surprised that being named as executor in a will doesn't necessarily give them immediate authority over the deceased person's assets. "You are nominated in the will, but you typically receive your legal authority through the probate process and after receiving what is called 'letters testamentary,'" he explains. Letters testamentary are legal documents issued by a probate court that give an executor the authority to manage an estate.
4. Your estate may have to go through probate
It's a common misconception that a will allows your beneficiaries to easily access your estate, but many people don't realize that a will must pass through probate.
According to Kiplinger's Trillion Dollar Talk survey, conducted by Morning Consult, 41% of parents have a will. But having one doesn't necessarily mean their loved ones can avoid probate.
"Having a will does not avoid probate — it almost guarantees some probate," says Trujillo. He explains that the will identifies who should receive the property left in the estate and who should administer the estate, but probate, the legal process of putting those instructions into effect, is overseen by the court.
Small estates may qualify to avoid the probate process, but the threshold for small estates varies significantly by state. In Massachusetts, that threshold is $25,000, excluding the value of a car. In California, the threshold is $107,900 for deaths occurring on or after April 1, 2025.
Many people are also surprised by the cost of the probate process. In addition to possibly retaining a lawyer, the court charges fees, including fees to open and administer probate, plus an inventory fee. In some counties, an inventory fee is a percentage of the total value of the estate's assets, while other counties charge a flat fee based on the asset value.
The probate timeline may vary, potentially taking months to years. Acevedo explains that the probate duration can depend on many factors, including how busy the court is and when hearings are set. "When I file a petition to close an estate, it's likely the hearing will be set three months from now," she explains. "There's just this drawn-out period that is truly a function of the fact that you are in court."
The decedent's organization can also impact the duration of probate. The process of unearthing assets can be time-consuming and challenging, especially if a beneficiary can't get into the decedent's email account. In such a situation, the process might involve reaching out to a CPA, going through mail, reviewing prior tax returns to identify income sources and running title searches.
5. Your beneficiaries might pay significant expenses out of pocket
Even if you have a will, your beneficiaries may not be able to access the money you'd set aside for immediate expenses after your death. They may have to cover those costs out of pocket.
Funeral costs may be substantial, and many people underestimate the costs. According to the Choice Mutual 2025 Funeral Cost Perception Report, more than half of adults ages 45 and older estimate funeral costs to be less than $10,000. However, experts report that when you account for expenses like the services, casket, printed materials and body transportation and preparation, costs can quickly approach $15,000 to $20,000.
Cremation is a lower-cost alternative. The National Funeral Directors Association reports that the median cost of a cremation, including a memorial service and body viewing, is $6,280. However, costs can still vary significantly by state.
Simasko says that families may have some flexibility in these situations. She notes that funeral homes understand that it often takes families some time to get their finances lined up, and they're typically willing to send a family a bill.
She adds that mortgages can often be left unpaid for about three months before a mortgage lender starts to talk about foreclosure. If a family can't cover the first mortgage payment, they may be able to miss that one payment and then pay it back once they have access to the funds. She encourages families to proactively contact the mortgage company and let them know about what's going on.
If a beneficiary pays for expenses out of pocket, it's essential to keep detailed receipts, including copies of checks or direct payments made from a bank account. Beneficiaries can submit those receipts to get paid back later on.
Where to compare: Life insurance
Shopping around can help you compare coverage, policy options and costs. These established life insurance providers are worth considering:
USAA — A strong option for military members, veterans and their families, with term and permanent life insurance options.
New York Life — Offers term, whole and universal life insurance, with policies sold through financial professionals.
Northwestern Mutual — Offers term and permanent coverage, with an emphasis on incorporating life insurance into broader financial planning.
State Farm — Offers term and permanent life insurance, along with the convenience of working with a local agent.
7 ways to make accessing funds simple for beneficiaries after your death
- Prepay for a funeral or cremation: Prepaying for a funeral or cremation allows you to cover the costs in advance, leaving your family with one less expense. There are a couple of drawbacks to be aware of. If the funeral home should close, it might be difficult to transfer the contract. If you and your family move and no longer want to use that funeral home, you generally can't use the contract elsewhere.
- Consider final expense insurance: Final expense insurance is a permanent life insurance policy that helps cover expenses like funeral costs, legal fees for end-of-life documents and some other related costs. This type of policy usually has a lower premium and a smaller payout than a traditional life insurance policy, and it's an alternative to prepaying for services.
- Open a joint account: Consider opening a joint account specifically for funds to be used for end-of-life costs and other immediate expenses. You can add a beneficiary to the account as a joint user, which may help them access the funds sooner. Trujillo cautions that joint ownership of accounts may have unintended gift tax consequences, particularly if the money is used to benefit the survivor, and not the estate, so consider speaking with a tax professional when you create the account.
- Create and maintain your will: A will is important, and it identifies which assets you want to go to each beneficiary. Make sure that you create a will and keep it updated if your wishes change.
- Consider a living trust: Acevedo recommends creating a living trust in addition to a will. "The living trust operates like a will, and I have my clients move their assets into the name of their living trust during their lifetime," she explains. Instead of having to go through court, the beneficiaries take a change of trustee document and a tax ID number to the bank and are able to access accounts much faster than through the probate process.
- Add a beneficiary to your accounts: Beneficiary designations on your retirement accounts and life insurance are also essential. Trujillo cautions that retirement accounts and life insurance benefits usually pass according to the beneficiary designation, not according to the will, so be sure to keep those designations updated if your plans change.
- Leave documentation: Make sure your will executor knows how to access your financial information and estate planning documents. Keep copies of essential details, like a list of bank accounts, retirement accounts, income sources and email addresses and passwords, and share their location with the executor in advance. Having this information organized and accessible can save your beneficiaries time and stress.
Looking forward
Estate planning may be expensive, and Simasko estimates that most people will pay several thousand dollars upfront, but that investment may help save your beneficiaries both money and time. "Estate planning is so much less expensive than fees beneficiaries are facing when going through probate," she says.
Laws vary by location, so consider speaking with a lawyer specializing in estate planning in your state. Discuss your goals, including your wishes for funds to be easily accessible to cover immediate costs, and ask whether your current estate plans are sufficient or need to be improved to meet that goal.
Taking a second look at your plans may help avoid unexpected situations, making the overall process easier for your beneficiaries.
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