Yes, the executor may access bank account records up to the date of death — but the executor would not have any right to information about the account after the date of death.

The federal privacy regulations permit banks to disclose account information to “persons holding a legal or beneficial interest relating to the consumer” and a consumer’s representative, such as an executor. However, because the account was a joint account with a right of survivorship, the account automatically passed to the surviving joint owner on the date of death, ending the executor’s interest in the account. Revealing account information to the executor after the date of death would violate the surviving joint owner’s privacy rights.

For resources related to our guidance, please see:

• Regulation P, 12 CFR 1016.15(a)(2)(iv) (A bank may disclose nonpublic personal information “(iv) to persons holding a legal or beneficial interest related to the consumer; or (v) to persons acting in a fiduciary or representative capacity on behalf of the consumer; . . .”)

• Joint Tenancy Act, 765 ILCS 1005/2(a) (“When a deposit in any bank or trust company transacting business in this State has been made or shall hereafter be made in the names of 2 or more persons payable to them when the account is opened or thereafter, the deposit or any part thereof or any interest or dividend thereon may be paid to any one of those persons whether the other or others be living or not, and when an agreement permitting such payment is signed by all those persons at the time the account is opened or thereafter the receipt or acquittance of the person so paid shall be valid and sufficient discharge from all parties to the bank for any payments so made.”)