Generally yes, on notice of death. Joint accounts with survivorship usually remain accessible to the survivor, and most banks release funds for funeral costs.
The Canadian position
Institutions freeze sole accounts pending proof of authority. The threshold at which they require probate varies by bank and by balance.
The Islamic position
Because burial happens within a day, knowing the funeral-expense exception in advance is genuinely useful.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- What to do when someone dies — Government of Ontario
- Where to apply for probate ontario jurisdiction — Treadstone Law
- Estate trustee during litigation ontario — Treadstone Law
- Certificate of appointment vs letters probate ontario — Treadstone Law
- How to apply for probate ontario step by step — Treadstone Law
- Co executor refuses to sign probate application ontario — Treadstone Law
- Updating estate trustee in will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law