What to do when a Commerce Bank account holder dies
Report the death to Commerce Bank's Personal Accounts and Services at 1-800-641-2265
What happens to Commerce Bank accounts after the account holder dies depends on how each account was titled. Beneficiary-designated and trust-owned accounts transfer directly. Accounts in the deceased's name alone go through the estate, and the executor or administrator works with Commerce Bank's Personal Accounts and Services (1-800-641-2265) to claim the funds.
Deposit, investment & retirement accounts
Follow these steps to file a death claim with Commerce Bank:
Filing a claim
- A certified copy of the death certificate
- Valid government-issued photo ID for the claimant
- Documentation of authority (Letters Testamentary, Letters of Administration, or trust documents)
- Certified copy of the death certificate
- Copy of valid government-issued photo ID for the claimant
- Copies of Letters Testamentary, Letters of Administration, or applicable trust documents
- Written instructions for how funds should be distributed
- Contact information for the claimant
Required Documents
- Death certificateA certified copy. Commerce may require proof of death of the original or joint account owners or listed beneficiaries.
- Valid government-issued photo ID, for the beneficiary, executor or successor trusteeCommerce may require verification of the identity of each person claiming funds.
- Account numbers for the deceased person's accounts, if available
- Letters Testamentary or Letters of Administration, for an account with no beneficiary or joint ownerFrom the probate court, with the fiduciary designation Section II.H of the Deposit Agreement requires.
- Small estate affidavit, or a Missouri court order refusing letters, for a small estate, in place of Letters, where the state's law permits it
- Trust agreement or Certification of Trust showing the successor trustee, for a trust accountWith the successor trustee's identification and acceptance documents. Commerce may ask for the original authority documents under Section II.H.
- IRA distribution or transfer forms, for an IRA
- Written distribution instructions from the authorized claimant
What happens to each kind of account3
- Joint account with survivorship
The balance belongs to the surviving owners, subject to setoff. A pledge one joint owner made survives that owner's death, so a pledged CD may still be encumbered.1
Surviving joint owners are responsible for any overdraft that results from the deceased owner's transactions or from the reclamation of a benefit payment.1
- Payable-on-death account
The beneficiary presents a certified death certificate and government-issued photo ID. Commerce pays surviving beneficiaries by one check payable jointly to all of them or by separate checks in equal shares.1
Surviving beneficiaries take in equal shares without survivorship, and a beneficiary who dies before the owner passes nothing to their own heirs or estate. If the account still has living joint owners, it is treated as a joint account with survivorship first.1
- Fiduciary account
An executor or trustee must have the fiduciary capacity designated on the signature card or other account documents, and Commerce may require the original authority documents before any transaction.1
Co-fiduciaries each authorize the other to act independently. A change in fiduciary takes effect on written notice plus a reasonable opportunity to act, never less than five business days.1
State requirements Commerce Bank statesMissouri, Kansas
- Missouri
The Deposit Agreement says Missouri payable-on-death accounts are established pursuant to Section 362.471 R.S.Mo. and not under the Nonprobate Transfers Law of Missouri.1
- Kansas
For accounts opened at a Kansas branch, the Deposit Agreement warns that payable-on-death funds may be subject to a claim of the Secretary of Social and Rehabilitation Services.1
State law on paying a balance without lettersFlorida, Texas
- Florida
Fla. Stat. § 735.303
Florida law permits a bank to pay from a deceased depositor's balance on an affidavit made under oath, without letters testamentary or letters of administration.Fla. Stat. § 735.303Verified Oct 3, 2026View source
Paid to: family member (surviving spouse; else adult child; else adult descendant; else parent)
Limit: $2,000 held at the institution and $2,000 in total from every holder
When: not earlier than 6 months after the date of the decedent’s death
The section permits the payment. It does not require the bank to make it. The section sets further conditions.
- Texas
Tex. Est. Code § 152.051
Texas law permits a bank to pay from a deceased depositor's balance on an order of the court, without letters testamentary or letters of administration.Tex. Est. Code § 152.051Verified Oct 3, 2026View source
Paid to: a funeral home or the applicant, for funeral and burial expenses
Limit: $5,000 in total from every holder
When: the application may be filed "not earlier than the third day after the date of the decedent's death and not later than nine months after the date of the decedent's death"
The section permits the payment. It does not require the bank to make it. The section sets further conditions.
Accounts handled elsewhere3
- Commerce Financial Advisors
Brokerage and IRA claims, on National Financial Services (NFS) paperwork2
Phone: 1-800-772-7283
- Commerce Bank Mortgage Servicing
Mortgage and home-equity death claims, through the Successor in Interest process2
Phone: 1-800-821-0083
- Commerce Trust
Estate settlement for a deceased Commerce Trust client2
Phone: 1-816-234-2822
What Commerce Bank's agreement and guidance say7
- Telling the institution
Commerce "may continue to process all transactions on an account until we are properly notified of an account owner's death and we have had a reasonable opportunity to act."1
- What it does when notified
On an individual account, interest accrual and payment may stop as of the date of death, not the date of notice, and Commerce may reverse interest already paid after the date of death.1
- Fees
Applicable fees and service charges continue to be assessed after the death.1
- Debts owed to the institution
The account remains subject to Commerce's right of setoff and security interest for any debt the deceased owner owed the bank. A payable-on-death beneficiary receives the balance minus the funds subject to them.1
The setoff clause (Section III.I) does not apply to IRAs, other tax-deferred retirement accounts, or accounts held in a representative capacity.1
- Deposits after the death
Commerce may return government or retirement benefit payments deposited after the date of death, including benefits deposited on behalf of someone else.1
- Indemnity a claimant may have to give
Commerce may require anyone claiming a deceased owner's funds to indemnify it for any losses resulting from honoring the claim.1
- Which state governs the account
The Deposit Agreement says a payable-on-death account is governed by the law of the state where the account is domiciled.1
Not in Commerce Bank's published guidance3
- A procedure for reporting a death
- A claim form
- A mailing address for claim documents
Sources2
Mortgage and home lending
Mortgages and home equity loans are liabilities, not assets. They do not have beneficiaries and cannot be retitled to a trust.
- Give the deceased borrower's full legal name, Social Security number and loan number
- Submit a certified copy of the death certificate
- Complete and return the Successor in Interest form with documents proving your ownership interest in the property (for example a probated will, court order, deed or trust document)
- Continue making payments
- Apply for loss mitigation
- Assume the loan
- Refinance
- Pay off the balance
Required Documents
- Death certificateA certified copy.
- Government-issued photo ID, for the heir or personal representative
- Completed Successor in Interest formObtained from the mortgage servicing department.
- Documentation of your ownership interest in the propertyA probated will, court order, recorded deed, or trust document showing you as successor trustee or beneficiary.
- Letters Testamentary or Letters of Administration, if going through probate
- Marriage certificate, for a surviving spouse
Claims Contact
Phone: 1-800-821-0083
Email: ask.cbm@commercebank.com
Hours: Monday-Friday 8:00 AM-5:00 PM CT
Mailing address: Commerce Bank Mortgage Corp., 922 Walnut St, Suite 1100, Mailstop: TB11-CM3, Kansas City, MO 64106
Forms Commerce Bank issues1
- Successor in Interest form
Completed by the person claiming an ownership interest in the property. Sent by the institution on request.1
Federal law on calling a home loan after a death
These exemptions apply to a loan secured by residential real property containing less than five dwelling units.12 U.S.C. § 1701j-3(d); 12 CFR 191.5(b), 141.14Verified Oct 3, 2026View source
- A lender may not exercise a due-on-sale clause upon a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety.12 U.S.C. § 1701j-3(d)(3); 12 CFR 191.5(b)(1)(iii)Verified Oct 3, 2026View source
- A lender may not exercise a due-on-sale clause upon a transfer to a relative resulting from the death of a borrower.12 U.S.C. § 1701j-3(d)(5)Verified Oct 3, 2026View source
- A lender may not exercise a due-on-sale clause upon a transfer where the spouse or children of the borrower become an owner of the property.12 U.S.C. § 1701j-3(d)(6)Verified Oct 3, 2026View source
A federal regulation sets further conditions on these transfers.12 CFR 191.5(b)(1)(v)Verified Oct 3, 2026View source
Sources1
- Give the deceased borrower's full legal name, Social Security number and account number
- Submit a certified copy of the death certificate
- Complete and return the Successor in Interest form with documents proving your ownership interest in the property
- Once confirmed as a successor in interest, discuss the options: pay off the outstanding balance, refinance, or negotiate repayment terms
Required Documents
- Death certificateA certified copy.
- Government-issued photo ID, for the heir or personal representative
- Completed Successor in Interest form
- Documentation of your ownership interest in the propertyFor example a probated will, court order, deed or trust document.
- Letters Testamentary or Letters of Administration, if going through probate
- Marriage certificate, for a surviving spouse
Claims Contact
Phone: 1-800-821-0083
Email: ask.cbm@commercebank.com
Hours: Monday-Friday 8:00 AM-5:00 PM CT
Mailing address: Commerce Bank Mortgage Corp., 922 Walnut St, Suite 1100, Mailstop: TB11-CM3, Kansas City, MO 64106
Forms Commerce Bank issues1
- Successor in Interest form
Completed by the person claiming an ownership interest in the property. Sent by the institution on request.1
What happens to each kind of account1
- Loan
The line of credit's draw period ends at the borrower's death, and no further draws can be made.1
Sources1
Commerce Bank's Personal Accounts and Services can be reached by phone at 1-800-641-2265 and email at ask.cbm@commercebank.com for questions throughout the claims process.
Sources
Data sourced from Commerce Bank primary sources (15 pages reviewed). How we research.
Commerce Bank death claims support
Personal Accounts and Services (deposit estate claims)
Phone
Toll-free
Hours
Mailing address
Website
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