Joint accounts usually pass to the surviving owner outside of probate
A joint checking account with a right of survivorship does not become part of the estate. When one owner dies, the surviving owner automatically owns the full balance. The bank transfers the account to the survivor's name alone, and probate does not touch it.
However, the outcome depends entirely on how the account was titled. If the account was set up as "joint tenants with right of survivorship" or "joint tenants by the entirety" (in some states), the survivor gets it all. If it was titled differently — as "tenants in common" or without survivorship language — the deceased's share enters the estate and goes through probate.
Most banks default to right of survivorship when you open a joint account, but you should verify this on your account paperwork or by calling the bank. The title language appears on the signature card or account agreement, not just on the checks.
Key Takeaways
- A joint account with right of survivorship passes entirely to the surviving owner and does not enter probate.
- The account title determines what happens — look for "joint tenants with right of survivorship" or "JTWROS" on your account paperwork.
- If the account is titled as "tenants in common," the deceased owner's share becomes part of the estate instead.
- The surviving owner should contact the bank with a death certificate to have the account retitled in their name alone.
- Some states treat married couples' joint accounts differently under "tenancy by the entirety," which also bypasses probate.
How the bank determines who owns the account after death
The bank's records control what happens next, not the will or what family members think should happen. When you open a joint account, the bank records the ownership structure in its system. That structure is legally binding and survives the death of one owner.
Right of survivorship is the most common default. It means the surviving owner automatically becomes the sole owner of the entire balance the moment the other owner dies. No court order is needed. The bank simply removes the deceased owner's name and retitles the account.
Tenancy in common is the alternative, though less common for checking accounts. With this structure, each owner owns a specific percentage (usually 50/50). When one owner dies, their share does not pass to the survivor — it goes to their estate and is distributed according to their will or state law.
Call your bank's customer service line and ask how your account is titled. Request a copy of the signature card or account agreement if you are unsure. The exact wording matters, and the bank can tell you in minutes.
What the surviving owner needs to do
The survivor does not need to wait for probate or a court order. Contact the bank directly with an original or certified copy of the death certificate. Most banks have a specific department for this — ask for "deceased account holder services" or "estate services."
The bank will ask for the deceased owner's full name, date of death, and Social Security number. They will verify the death certificate and update their records. This usually takes one to two weeks, though some banks complete it in a few days.
After the account is retitled, the survivor can withdraw money, pay bills, or close the account. There is no waiting period and no probate involvement. The survivor may need to order new checks or update online banking, but the money is accessible immediately.
If the account has automatic payments or direct deposits set up, contact the companies involved to update the account information. Some will do this automatically once the bank notifies them; others require a separate request.
When a joint account does enter probate
If the account was titled as "tenants in common" rather than "joint tenants with right of survivorship," the deceased owner's share becomes part of their estate. The executor or administrator must go through probate to transfer that share to the heirs named in the will or under state law.
This can take months. The probate court must approve the transfer, and creditors of the estate have time to file claims against the account balance. The surviving owner cannot touch the deceased owner's share during this period, even though they own the other half.
Some families discover this problem only after death, when they try to access the account and the bank tells them part of it is frozen pending probate. If you suspect your account might be titled this way, ask the bank now. If it is, you can change it to right of survivorship while both owners are alive — no probate needed.
Married couples and tenancy by the entirety
In about half of U.S. states, married couples can hold property — including checking accounts — as "tenants by the entirety." This is similar to right of survivorship but with extra legal protections.
With tenancy by the entirety, the surviving spouse automatically owns the entire account. The account also cannot be seized by creditors of only one spouse during their lifetime. When one spouse dies, the survivor becomes the sole owner with no probate involvement.
Not all states recognize tenancy by the entirety, and not all banks offer it. If you are married and want this protection, ask your bank whether it is available for your account. Some banks require you to request it specifically; others apply it automatically to married couples' accounts.
If you live in a state that recognizes it but your account is not titled that way, you can change it. Both spouses sign a new signature card or agreement, and the bank updates the account. This takes a few days and costs nothing.
What happens if there is a dispute between the survivor and the estate
If the deceased owner's will or family members claim the survivor should not have the entire account, a legal dispute can arise. This happens most often when the account was retitled shortly before death or when family members believe the survivor unduly influenced the account structure.
The survivor legally owns the account if it was titled with right of survivorship, regardless of what the will says. A will cannot override the account title. However, the estate or heirs can file a lawsuit claiming the account was fraudulently retitled or that the survivor breached a duty to the deceased.
These disputes are expensive and time-consuming. If you anticipate conflict, consult an estate attorney before touching the account. An attorney can advise you on whether to freeze the account voluntarily, set aside funds, or defend your ownership in court.
How to verify your account title right now
Do not assume your account has right of survivorship. Call your bank and ask for the exact title language on your account. Request a copy of the signature card or account agreement. The title should appear in one of these forms:
- Joint tenants with right of survivorship (JTWROS): Passes entirely to the survivor, no probate.
- Joint tenants by the entirety (married couples only): Passes entirely to the surviving spouse, no probate, creditor protection.
- Tenants in common: The deceased owner's share enters probate.
- Payable on death (POD) account: The account is in one person's name but names a beneficiary who receives it at death, no probate.
If your account is titled as tenants in common and you want to change it, both owners must agree. Contact the bank and ask to retitle the account as joint tenants with right of survivorship. This is free and takes a few days. Both owners sign a new signature card, and the change is complete.
If one owner has already died, you cannot change the title. The account will go through probate according to how it was titled at the time of death.
Frequently Asked Questions
Can the executor of the estate take money from a joint account with right of survivorship?
No. The executor has no authority over a joint account with right of survivorship because it is not part of the estate. The surviving owner owns it outright. The executor can only manage assets that are titled in the deceased owner's name alone or that are part of the probate estate.
What if the joint account has a negative balance when one owner dies?
The surviving owner is responsible for the debt. If the account is overdrawn, the bank will pursue the survivor for repayment. The debt does not disappear because one owner died. If the survivor cannot pay, the bank may freeze the account or pursue collection.
Does a joint account with right of survivorship avoid taxes?
It avoids probate, but not necessarily taxes. The surviving owner may owe federal estate tax if the total estate exceeds the exemption amount (which varies by year). State inheritance taxes may also apply depending on where you live. Consult a tax professional or estate attorney about your specific situation.
Can I remove someone from a joint account without their permission?
No. Both owners must agree to change the account title or remove a name. The bank requires both owners to sign. If one owner refuses, you cannot unilaterally remove them. Your only option is to close the account and open a new one in your name alone.
What if one joint owner had a will that said the account should go to someone else?
The will does not control a joint account with right of survivorship. The account title controls. The surviving owner gets the entire balance regardless of what the will says. The will can only distribute assets that are titled in the deceased owner's name alone or that are part of the probate estate.