Joint accounts with survivorship rights bypass probate entirely
A joint checking account with survivorship rights does not go through probate. When one owner dies, the surviving owner automatically owns the full account balance. The bank transfers the funds based on the account registration alone—no court order, no executor approval, no waiting period beyond what the bank needs to process the death.
This is the defining feature of joint accounts with survivorship. The account passes outside the will and outside the probate process. The surviving owner can access the money immediately after providing the bank with a death certificate, usually within days.
However, if the account is registered as "tenants in common" instead of "joint tenants with survivorship rights," the deceased owner's share does go through probate. This distinction matters enormously and is often missed.
Key Takeaways
- Joint accounts registered as "joint tenants with survivorship rights" or "joint tenants with right of survivorship" pass directly to the surviving owner and do not enter probate.
- The same account registered as "tenants in common" means the deceased owner's share becomes part of their estate and must go through probate.
- You can find the account registration on your bank statements, online banking portal, or by calling the bank directly.
- The surviving owner needs only a death certificate to claim the account; no court involvement is required for survivorship accounts.
- If probate is required, the executor must go through the court process before the surviving owner can access the deceased owner's share.
How to check your account registration
Call your bank and ask how the account is registered. Specifically, ask whether it is registered as "joint tenants with survivorship rights," "joint tenants with right of survivorship," "JTWROS," or "tenants in common." The bank can tell you in one call.
You can also check your account statements or log into online banking. The registration language usually appears on the account details page or the account agreement you signed when opening it. If you cannot find it online, the bank's customer service line can email or mail you a copy of the account registration form.
The exact wording varies by state and by bank, but the key phrase is "survivorship" or "right of survivorship." If you see only "joint account" with no mention of survivorship, contact the bank to confirm the legal registration. Do not assume; banks sometimes use shorthand on statements that does not reflect the full legal structure.
What happens when the account owner dies
If the account has survivorship rights, the surviving owner calls the bank with a death certificate. The bank removes the deceased owner's name from the account and transfers full ownership to the survivor. This usually takes three to seven business days. The survivor can then use the account normally—withdraw money, pay bills, close it, or leave it open.
If the account is registered as tenants in common, the bank will freeze the account pending probate. The executor of the deceased owner's estate must file the will in court, go through probate, and obtain a court order before the surviving owner can access the deceased owner's share. This process typically takes two to six months, depending on the state and the complexity of the estate.
Some banks may require both the death certificate and a copy of the probate order before releasing funds from a tenants-in-common account. Others will release the surviving owner's share immediately but hold the deceased owner's share. Ask your bank what documentation they need and what their timeline is.
Why the registration type matters for your heirs
Survivorship accounts are designed to move money quickly to the person you want to have it. If you die without a will, or if your will does not address the account, survivorship rights override both. The account goes to the co-owner, period. This is useful when you want to ensure your spouse or adult child has immediate access to funds for funeral costs, household bills, or other urgent expenses.
Tenants-in-common registration is useful when you want the deceased owner's share to go to someone other than the surviving co-owner—for example, to your children from a previous marriage. In that case, you would name those heirs in your will, and the probate process ensures they receive their share.
The problem arises when an account is registered as tenants in common but the surviving owner assumes they will inherit it automatically. They will not. The account will be tied up in probate, and the deceased owner's share will be distributed according to the will or state law, not according to what the surviving owner expected.
Changing the registration before it is too late
If your account is currently registered as tenants in common and you want it to pass to your co-owner automatically, contact your bank and ask to change the registration to "joint tenants with survivorship rights." This is a simple change—usually a form to sign and return. There is no cost, and it takes effect immediately.
If you are opening a new joint account, specify the registration type when you open it. Tell the bank you want "joint tenants with survivorship rights" or ask them to confirm that survivorship is included in their standard joint account setup. Different banks have different defaults, so do not assume.
If you are unsure whether a change is right for you—for example, if you have children from multiple relationships or complex family circumstances—consult an estate attorney in your state. They can advise you on how the registration will interact with your will and your overall plan.
What probate means for the surviving owner
Probate is the court process that validates a will, inventories the deceased person's assets, pays their debts and taxes, and distributes what remains to the heirs. For a joint account registered as tenants in common, the deceased owner's share becomes part of this process.
The surviving owner cannot touch the deceased owner's share until probate is complete. They can use their own share immediately, but the deceased owner's portion is frozen. If the account had $50,000 and each owner contributed equally, the surviving owner can access their $25,000 but not the other $25,000 until the court releases it.
Probate timelines vary widely. In some states, an uncontested estate can move through in two to three months. In others, it takes six months to a year or longer. During that time, the account remains in the deceased person's name, and the surviving owner has no legal claim to the deceased owner's share.
Frequently Asked Questions
Can I change the registration after someone dies?
No. The registration must be changed while both owners are alive. Once one owner dies, the account is locked into its current registration type. If it has survivorship rights, it passes to the survivor. If it is tenants in common, it goes through probate. You cannot change it retroactively.
What if the account has more than two owners?
The same rules apply. If all owners are registered with survivorship rights, the account passes to the surviving owners in equal shares (unless the registration specifies otherwise). If it is tenants in common, each deceased owner's share goes through probate separately. Check your registration to see how multiple owners are listed.
Does a joint account avoid taxes?
Survivorship does not avoid taxes. The account value is still part of the deceased owner's taxable estate for federal estate tax purposes (if the estate is large enough to owe taxes). However, it does avoid probate fees and court delays. Talk to a tax professional about your specific situation.
What if I want my share to go to my children, not my co-owner?
Keep the account registered as tenants in common and name your children as heirs in your will. Their share will go through probate and be distributed according to your wishes. If you register it with survivorship rights, your co-owner will inherit the full account regardless of what your will says.
Can the bank tell me the registration over the phone?
Yes. Call the bank's customer service line, provide your account number, and ask how the account is registered. They will tell you whether it has survivorship rights or is tenants in common. If they cannot tell you immediately, ask them to email or mail you a copy of the account registration form.