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What is the punishment for taking money from a deceased account?
In this article, you’ll learn about:
Let’s dig in.
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Taking money from a deceased person’s account is illegal unless you’re authorized to do so.
Taking money from a deceased person’s account can be considered:
The punishment can vary based on:
The punishment for taking money from a deceased account can either be a:
In addition to criminal penalties, you could also face civil lawsuits.
The deceased person’s estate or beneficiaries could sue you for the amount taken plus damages.
These penalties are serious, so it’s essential to handle the finances of a deceased person legally and ethically.
Read More: Penalty For Stealing From An Estate
There are several legal ways to access a deceased person’s account:
Remember, each of these methods has specific rules and procedures to follow.
It’s essential to handle the deceased person’s accounts properly to avoid potential legal issues.
Our probate lawyers can help you with this.
Read More: Can The Executor Of A Will Take Everything
To claim a deceased person’s bank accounts, follow these steps:
Remember, each situation can be unique.
These steps might vary based on specific circumstances.
Read More: Can An Executor Decide Who Gets What?
Yes, an executor can use the deceased person’s bank account, but only for specific purposes.
The executor’s role is to:
The executor must use the funds in the deceased’s account to settle any:
They cannot use the money for personal purposes or benefits.
Once debts and taxes are paid, the executor distributes the remaining assets according to the deceased’s will.
If there’s no will, the executor must follow intestate laws for distribution.
It’s important that the executor keeps detailed records of all transactions.
This transparency ensures beneficiaries that the estate’s funds are being managed properly.
Misuse of the funds can lead to legal consequences for the executor.
Read More: How Much Money Can You Inherit Without Paying Taxes On It?
If you suspect someone is taking money from a deceased person’s account, follow these steps:
Read More: What An Executor Cannot Do
Note that the actual penalties can vary based on the specific circumstances of each case.
The classifications and penalties can also change within a state based on:
Here is the punishment for taking money from a deceased account by state.
| State | Crime Classification | Potential Penalties |
|---|---|---|
| Alabama | Class B felony (for theft over $2,500) | 2 to 20 years in prison and a fine of up to $30,000 |
| Alaska | Class B felony (for theft over $25,000) | Up to 10 years in prison and a fine of up to $100,000 |
| Arizona | Class 2 felony (for theft over $25,000) | 4 to 10 years in prison |
| Arkansas | Class B felony (for theft over $25,000) | 5 to 20 years in prison and a fine of up to $15,000 |
| California | Grand theft (for theft over $950) | Up to 3 years in prison and a fine of up to $10,000 |
| Colorado | Class 3 felony (for theft over $20,000) | 4 to 12 years in prison and a fine of up to $750,000 |
| Connecticut | First degree larceny (for theft over $20,000) | Up to 20 years in prison and a fine of up to $15,000 |
| Delaware | Felony (for theft over $50,000) | Up to 20 years in prison |
| Florida | First-degree felony (for theft over $100,000) | Up to 30 years in prison and a fine of up to $10,000 |
| Georgia | Felony (for theft over $25,000) | 2 to 20 years in prison |
| Hawaii | Class B felony (for theft over $20,000) | Up to 10 years in prison and a fine of up to $25,000 |
| Idaho | Grand theft (for theft over $1,000) | Up to 14 years in prison and a fine of up to $5,000 |
| Illinois | Class X felony (for theft over $1,000,000) | 6 to 30 years in prison and a fine of up to $25,000 |
| Indiana | Level 2 felony (for theft over $50,000) | 10 to 30 years in prison and a fine of up to $10,000 |
| Iowa | Class C felony (for theft over $10,000) | Up to 10 years in prison and a fine of $1,000 to $10,000 |
| Kansas | Severity Level 5, nonperson felony (for theft over $100,000) | 31 to 136 months in prison, depending on criminal history |
| Kentucky | Class C felony (for theft over $10,000) | 5 to 10 years in prison |
| Louisiana | Felony (for theft over $25,000) | Up to 20 years in |
| Maine | Class B crime (for theft over $10,000) | Up to 10 years in prison and a fine of up to $20,000 |
| Maryland | Felony (for theft over $100,000) | Up to 25 years in prison and a fine of up to $25,000 |
| Massachusetts | Grand larceny (for theft over $1,200) | Up to 5 years in prison and a fine of up to $25,000 |
| Michigan | Felony (for theft over $100,000) | Up to 20 years in prison and a fine of up to $15,000 or three times the value of the stolen property, whichever is greater |
| Minnesota | Felony (for theft over $35,000) | Up to 20 years in prison and a fine of up to $100,000 |
| Mississippi | Felony (for theft over $1,000) | Up to 10 years in prison |
| Missouri | Class A felony (for theft over $25,000) | 10 to 30 years in prison, or life imprisonment |
| Montana | Felony (for theft over $1,500) | Up to 10 years in prison and a fine of up to $50,000 |
| Nebraska | Class IIA felony (for theft over $5,000) | Up to 20 years in prison |
| Nevada | Category B felony (for theft over $3,500) | 1 to 10 years in prison and a fine of up to $10,000 |
| New Hampshire | Class A felony (for theft over $1,500) | Up to 15 years in prison and a fine of up to $4,000 |
| New Jersey | Second degree crime (for theft over $75,000) | 5 to 10 years in prison and a fine of up to $150,000 |
| New Mexico | Second degree felony (for theft over $20,000) | 9 years in prison and a fine of up to $10,000 |
| New York | Grand larceny in the first degree (for theft over $1,000,000) | Up to 25 years in prison |
| North Carolina | Class C felony (for theft over $100,000) | 44 to 182 months in prison |
| North Dakota | Class B felony (for theft over $10,000) | Up to 10 years in prison and a fine of up to $20,000 |
| Ohio | Felony of the first degree (for theft over $150,000) | 3 to 11 years in prison and a fine of up to $20,000 |
| Oklahoma | Felony (for theft over $1,000) | Up to 5 years in prison and a fine of up to $5,000 |
| Oregon | Class B felony (for theft over $1,000) | Up to 10 years in prison and a fine of up to $250,000 |
| Pennsylvania | Felony of the first degree (for theft over $500,000) | Up to 20 years in prison and a fine of up to $25,000 |
| Rhode Island | Felony (for theft over $1,500) | Up to 10 years in prison and a fine of up to $5,000 |
| South Carolina | Felony (for theft over $10,000) | Up to 10 years in prison |
| South Dakota | Class 4 felony (for theft over $1,000) | Up to 10 years in prison and a fine of up to $20,000 |
| Tennessee | Class B felony (for theft over $60,000) | 8 to 30 years in prison and a fine of up to $25,000 |
| Texas | First-degree felony (for theft over $200,000) | 5 to 99 years in prison and a fine of up to $10,000 |
| Utah | Second degree felony (for theft over $5,000) | 1 to 15 years in prison and a fine of up to $10,000 |
| Vermont | Felony (for theft over $900) | Up to 10 years in prison and a fine of up to $5,000 |
| Virginia | Felony (for theft over $500) | 1 to 20 years in prison |
| Washington | Class B felony (for theft over $5,000) | Up to 10 years in prison and a fine of up to $20,000 |
| West Virginia | Felony (for theft over $2,500) | 1 to 10 years in prison |
| Wisconsin | Class G felony (for theft over $10,000) | Up to 10 years in prison and a fine of up to $25,000 |
| Wyoming | Felony (for theft over $1,000) | Up to 10 years in prison and a fine of up to $10,000 |
Here are other questions we get about the punishment for taking money from a deceased account.
Yes, an executor can be charged criminally.
If an executor abuses their position they can face criminal charges.
Abusing their position means things like:
These charges can include theft, fraud, or embezzlement.
The punishment can be severe. It can include imprisonment, fines, and probation. The severity depends on the amount involved and the jurisdiction where the crime occurred.
An executor can also face civil lawsuits. The beneficiaries or the estate can sue the executor to recover the stolen assets, plus damages.
So, while an executor has authority over the estate, they must act in the best interest of the estate and its beneficiaries.
Misusing this authority can result in serious legal consequences.
Read More: How Long Does An Executor Have To Settle An Estate?
Yes, you can use a deceased person’s bank account to pay for their funeral.
However, you must be the executor or administrator of the estate to do this legally.
Let’s say you are the executor or administrator.
You have the legal authority to access the deceased person’s bank account to cover funeral expenses.
After the person’s death, the bank may freeze their account.
That is, until the executor or administrator provides the necessary documents, like:
Once these documents are provided, the bank can release funds for the funeral expenses.
It’s important to keep clear records and receipts of these transactions for the estate’s final accounting.
A deceased person’s bank account stays open until the bank is notified of the death.
Once notified, the bank may freeze the account.
The executor or administrator of the estate can then distribute the funds.
The timeline varies based on the estate’s complexity, but it typically takes several months to a year to settle an estate.
In complex cases, it can take longer.
There’s no specific time limit to close the account.
But it should be done as soon as all financial matters of the estate are settled.
This includes paying any taxes or debts and distributing the remaining assets to the beneficiaries.
If the account stays open with no activity for a long period, the bank may classify it as dormant.
In that case, after a period defined by state law, the bank could transfer the funds to the state’s unclaimed property division.
Yes, bank accounts generally become frozen when someone dies.
This means no transactions can occur until the estate is settled.
Banks usually freeze the account once they receive notification of the death.
This is to protect the account holder’s assets until an executor or administrator is appointed.
But, joint accounts typically aren’t frozen.
The surviving account holder usually maintains access to the funds.
Read More: What Happens To A Bank Account When Someone Dies Without A Will?
A beneficiary cannot directly withdraw money from a deceased person’s bank account.
First, the bank needs to be informed about the death.
After this, the account will be frozen until the legal process, such as probate, determines the rightful heir.
If the beneficiary is named in a will, they can receive the funds from the bank account once probate is completed.
This process involves proving the validity of the will and distributing the deceased person’s assets under the supervision of a court.
Let’s say the bank account is a payable-on-death (POD) account.
The beneficiary can access the funds more directly.
The beneficiary needs to provide the bank with:
The bank will then transfer the funds to the beneficiary without going through probate.
If you want help with a deceased person’s account, fill out the form below.
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