What to do when a TD Bank account holder dies
Report the death to TD Bank's Customer Service at 1-888-751-9000
When an account holder at TD Bank passes away, the next step depends on how the accounts were set up. Accounts with beneficiary designations or trust ownership transfer outside of probate. Accounts titled solely in the deceased's name require the estate's legal representative to work with TD Bank's Customer Service (1-888-751-9000) to access and distribute the funds.
Deposit, investment & retirement accounts
The death claim process at TD Bank works as follows:
Filing a claim
- A written request must include the account number(s) and the mailing address for the check.
- The letter must be signed and notarized. Written requests can be sent to any TD Store location.
Required Documents
- Photo ID, may be required
- Death certificate, may be required
- Short certificate, may be required
- Various estate and state documents, may be required
- Written notice of the death
- Proof of death, when TD requires it of surviving joint owners or an in-trust-for beneficiaryThe agreement asks for "reasonable proof" of the death.
- Tax releases or other documents or consents from government authorities, in some jurisdictions
- Certified copy of the trust instrument or court order, if TD requests it, for an account opened as trustee of a written trust or under court order
- Signed and notarized letter, to close an account by written requestIt gives the account numbers and the mailing address for the check.
What happens to each kind of account6
- Payable-on-death account
On an account deemed a Revocable Unwritten Trust, the named beneficiary, if still living, has the sole right to withdraw the funds after the owner's death, although TD may be entitled under applicable law to place a hold on the funds before payment.1
- Joint account with survivorship
The balance belongs to the survivor(s), and TD may continue to honor checks or withdrawal requests from the survivor(s). TD may require reasonable proof of death and, in some jurisdictions, tax releases or other government documents or consents before the survivors withdraw.1
- Account in one name
An individual account is issued to one person who does not intend, merely by opening it, to create survivorship rights for anyone else.1
- Trust account
On an account opened as trustee of a written trust or under court order, only the trustee may withdraw or transact, as the trust instrument or court order designates. TD can request a certified copy of that instrument or order.1
- Custodial account (UTMA/UGMA)
If the custodian of a UTMA or UGMA account dies, the person named as successor custodian (as provided by law) succeeds to the custodian's rights.1
- Certificate of deposit
The early withdrawal penalty may be waived in certain circumstances, such as the death or incompetence of an owner of the CD.1
State law on paying a balance without letters5 states
- Florida
Permits a bank to pay up to $2,000 on an affidavitFla. Stat. § 735.303Verified Oct 3, 2026View source
- Maine
Permits a bank to pay up to $1,000 on proof the institution accepts9-B M.R.S. § 427(8)(A)Verified Oct 3, 2026View source
- Massachusetts
Permits a bank to pay up to $10,000 on proof the institution acceptsMass. Gen. Laws ch. 167D, § 12Verified Oct 3, 2026View source
- New York
Permits a bank to pay up to $30,000 on an affidavitN.Y. SCPA § 1310Verified Oct 3, 2026View source
- Pennsylvania
Directs a bank to pay up to $20,000 on an affidavit20 Pa.C.S. § 3101(b)Verified Oct 3, 2026View source
What TD Bank's agreement and guidance say6
- Which state governs the account
TD's help answer says the steps and documents "depend on the laws of the state in which the decedent resided (not where the account was opened)", the relationship to the decedent and the type of accounts.2
- Telling the institution
On a joint account, each owner is responsible for notifying TD when another joint owner dies.1
- Payments after the death
A customer's death does not end TD's authority to pay checks the customer signed or other items the customer authorized, to accept deposits, or to collect deposited items until TD receives written notice of the death.1
Even after notice, TD can pay checks or other items the customer authorized before death for the period applicable law permits.1
- Deposits after the death
Certain items payable to a deceased joint account holder, such as Social Security checks or electronic deposits, must be returned to the issuer and may not be used, cashed or disposed of by the surviving account holders.1
If a survivor uses them, each account holder remains liable for the amount and any resulting charges, and TD can charge the account and remit payment to the issuer.1
- Debts owed to the institution
If a direct deposit must be returned for any reason, TD may deduct the amount from that account or any other account the customer has with TD, without prior notice.1
- Fees
An account may not be considered closed when all of its funds are transferred out or its balance is reduced to zero, and TD may continue to assess fees to it.1
Not in TD Bank's published guidance1
- Whether the death certificate must be certified
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.
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
What TD Bank's agreement and guidance say1
- Fees
Mortgage Loan Assumption, residential mortgage: 1% of the principal balance, charged to collect and create the documents required to approve and process the addition of a borrower assuming liability under an existing qualifying loan.1
Title Change / Estate Planning / Trust Transfer, residential mortgage: $150 plus actual costs, charged to collect and review the documents required to approve and process a transfer of ownership of the property.1
Not in TD Bank's published guidance2
- A procedure for reporting a death
- A list of required documents
Sources1
- 1.Mortgage and Home Equity Servicing Fee Schedule, 38153-CL (02/21)
What TD Bank's agreement and guidance say1
- Fees
Early Termination Fee, home equity lines of credit: 2% of the outstanding balance up to a maximum of $450, if the line is paid off and closed within 24 months of the date the account was opened.1
Title Change / Estate Planning / Trust Transfer, home equity loans and lines: $75 if the customer uses their attorney, or $150 if the customer requests a TD attorney.1
Not in TD Bank's published guidance2
- A procedure for reporting a death
- A list of required documents
Sources1
- 1.Mortgage and Home Equity Servicing Fee Schedule, 38153-CL (02/21)
What TD Bank's agreement and guidance say1
- Fees
Title Change / Estate Planning / Trust Transfer, home equity loans and lines: $75 if the customer uses their attorney, or $150 if the customer requests a TD attorney.1
Not in TD Bank's published guidance2
- A procedure for reporting a death
- A list of required documents
Sources1
- 1.Mortgage and Home Equity Servicing Fee Schedule, 38153-CL (02/21)
Frequently asked questions
TD's Personal Deposit Account Agreement treats them as two different forms of ownership. An account designated as a trust account with no written trust agreement provided at opening is deemed a "Revocable Unwritten Trust" -- an in-trust-for account. The owner keeps the right to withdraw everything during life, and at death the balance belongs to the named beneficiary if that person is still living, although TD may place a hold before paying. An account opened as trustee of a written trust is transacted only by the trustee, as the trust instrument or court order designates, and TD can request a certified copy of that instrument. The agreement applies the rules for the form of ownership specified on the account's signature card.
No. The Death/Incompetence section of TD's Personal Deposit Account Agreement says a customer's death does not end TD's authority to pay checks the customer signed or other items the customer authorized, or to accept deposits, until TD receives written notice of the death. Even after notice, TD can pay checks or other items authorized before death for the period applicable law permits. The agreement also makes each joint owner responsible for notifying TD when another joint owner dies.
TD's deposit agreement states that certain items payable to a deceased joint account holder -- it names Social Security checks and electronic deposits -- must be returned to the issuer and may not be used, cashed, or otherwise disposed of by the surviving account holders. If a survivor uses them, each account holder remains liable for the amount and any resulting charges, and TD may charge the account and remit payment to the issuer. A separate clause lets TD deduct any direct deposit that must be returned from that account or any other TD account the customer has, without prior notice.
It may be. TD's Personal Deposit Account Agreement provides that the early withdrawal penalty may be waived in certain circumstances, such as the death or incompetence of an owner of the CD. The standard penalty depends on the CD term: all the interest the full term would have earned for terms of 7 to 89 days, then 3 months of interest for 90 days to less than 1 year, rising to 24 months of interest for terms of 5 years or more.
TD Bank's Customer Service can be reached by phone at 1-888-751-9000 for questions throughout the claims process.
Sources
Data sourced from TD Bank primary sources (29 pages reviewed). How we research.
TD Bank death claims support
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Customer Service from abroad (direct)
Customer Service from abroad (collect, operator assisted)
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