Is it illegal to withdraw money from a deceased person's account? Remember, it is illegal to withdraw money from an open account of someone who has died unless you are the other person named on a joint account before you have informed the bank of the death and been granted probate. This is the case even if you need to access some of the money to pay for the funeral. We need a probate attorney in Irvine, 92637. Can your probate attorney help? Irvine Probate Law would be glad to assist your probate attorney needs.