Joint checking accounts usually skip probate entirely
Money in a joint checking account with a right of survivorship passes directly to the surviving account holder when one owner dies—it does not go through probate. The bank transfers the balance to the survivor based on the account registration alone, without waiting for a will to be read or a court to issue orders. This happens because the account itself, not a will, determines who owns the money after death.
The key word is "survivorship." Most joint accounts opened at U.S. banks are set up this way by default. When you add someone as a joint owner, the bank records that both of you own the full account, and the survivor takes it all. The probate court never sees it.
However, if the account was set up differently—as "tenants in common" rather than "joint tenants with right of survivorship"—the deceased owner's share does enter probate. This is rare for checking accounts but does happen, and it matters enormously. You need to know which type you have.
Key Takeaways
- Joint accounts with right of survivorship pass to the surviving owner automatically and bypass probate entirely.
- The account registration at the bank determines what happens, not the will—the bank does not wait for probate court approval.
- If the account is registered as "tenants in common," the deceased owner's share enters probate and is distributed according to the will or state law.
- You can find out which type of account you have by calling the bank or checking the account agreement and signature card.
- Some states allow a "transfer on death" option for checking accounts, which also bypasses probate but requires the account to be registered that way.
How the bank knows to transfer the money without probate
When you open a joint checking account or add a joint owner, the bank records the account title in its system. The title includes language that says "joint tenants with right of survivorship" or similar wording. This registration is a legal document—it is not the same as a will, and it does not require probate court approval to take effect.
When one owner dies, the surviving owner brings a death certificate to the bank. The bank verifies the death, confirms the account registration, and transfers the full balance to the survivor. The entire process typically takes a few days to a few weeks, depending on the bank. No court order is needed because the account title itself transferred ownership at the moment of death.
This is why joint accounts are sometimes called a "will substitute"—they accomplish what a will does (moving money to a named person) but outside the probate system. The bank is the enforcer, not the court.
What "tenants in common" means and why it changes everything
If a joint account is registered as "tenants in common" instead of "joint tenants with right of survivorship," each owner's share is separate. When one owner dies, their share does not automatically go to the other owner. Instead, it becomes part of the deceased owner's estate and is distributed according to their will or, if there is no will, according to state law.
This means the deceased owner's share of the account enters probate. The surviving account holder cannot simply withdraw it. A probate court must issue an order saying who gets that share—usually a spouse, child, or other heir named in the will, or the people the state law says inherit if there is no will.
Tenants in common accounts are uncommon for checking accounts because most banks default to joint tenancy with survivorship. However, some people request this setup deliberately, or an account may have been set up this way years ago and never changed. If you are unsure which type you have, call the bank and ask. The account agreement or the original signature card will say.
How to find out which type of account you have
Call the bank's customer service line and ask: "Is this account registered as joint tenants with right of survivorship, or as tenants in common?" They can answer in one call. You can also ask to see the account agreement or the signature card from when the account was opened—both documents state the registration type.
If you are looking at an account online, the registration type is usually not visible in the app or website. You have to ask the bank directly or visit a branch. Some banks print it on statements, but not all.
If you are the executor or beneficiary of a deceased person's estate and need to know the status of their joint account, bring the death certificate to the bank. The bank will tell you whether the account passes to the survivor or enters probate. Do this as soon as possible after death, because the bank may freeze the account temporarily.
What happens if there is no right of survivorship
If the account is tenants in common or if it was registered in only one person's name (not truly joint), the full balance enters probate. The probate court will issue an order saying who inherits it based on the will or state law. This can take several months to over a year, depending on the state and the complexity of the estate.
During probate, the account is usually frozen. The surviving account holder cannot withdraw money, even if they need it for living expenses. The executor or administrator of the estate controls access until the court releases the funds to the heirs.
This is one reason people set up joint accounts in the first place—to avoid this delay and to make sure a surviving spouse or trusted person can access money immediately after death.
State variations in how joint accounts work
Most states recognize joint tenancy with right of survivorship for checking accounts. However, a few states have specific rules about how the account must be titled for survivorship to work. Some states require the account to say "joint tenants with right of survivorship" explicitly; others accept "joint account" as sufficient.
A small number of states allow a "transfer on death" option for checking accounts, similar to what exists for investment accounts. With this setup, the account stays in one person's name during life, but the money goes to a named beneficiary when that person dies. This also bypasses probate. Not all banks offer this option, so ask if you are interested.
If you have accounts in multiple states or are moving, ask the bank whether your account registration will still work the way you expect. A joint account opened in one state should work the same way in another, but it is worth confirming.
What to do if you want to change how the account is registered
If you have a joint account that is registered as tenants in common and you want to change it to joint tenancy with right of survivorship, contact the bank. You will need to sign new paperwork. Both account holders usually have to agree and sign, though some banks allow one owner to request the change if the other owner is deceased or incapacitated.
If you want to remove someone from a joint account, the bank can do that too, but again, both owners usually have to agree. If one owner refuses or is unreachable, you may need a court order. This is one reason to be careful about who you add to an account—removing them later can be difficult.
If you are the sole surviving owner and the other owner has died, bring the death certificate to the bank. They will remove the deceased owner's name and confirm that the account is now in your name alone. This is a simple process and does not require probate court involvement if the account had right of survivorship.
Frequently Asked Questions
If I die, will my joint checking account have to go through probate?
Only if the account is registered as tenants in common. If it has right of survivorship—which is the default for most joint checking accounts—it passes directly to the surviving owner and skips probate entirely. Call your bank to confirm which type you have.
Can the bank freeze a joint account after one owner dies?
Yes, many banks freeze joint accounts temporarily when they learn of a death, even if the account has right of survivorship. This usually lasts a few days while they verify the death certificate and update their records. The surviving owner can then access the full balance. If the account is tenants in common, it may stay frozen longer while probate happens.
What if the joint account owner was not married to me—can they still inherit it?
Yes. Joint account ownership has nothing to do with marriage. If the account has right of survivorship, the surviving owner inherits it regardless of their relationship to the deceased owner. The only thing that matters is whose name is on the account.
Do I need probate court permission to withdraw money from a joint account after the other owner dies?
No, not if the account has right of survivorship. You can withdraw money once the bank processes the death certificate. If the account is tenants in common, you cannot withdraw the deceased owner's share without a probate court order, but you can withdraw your own share.
Can creditors of the deceased person take money from a joint account?
This depends on state law and the type of account. In most states, if the account has right of survivorship, creditors cannot touch the money that passes to the survivor—it is protected. However, some states allow creditors to claim against the deceased owner's share if the account is tenants in common. Ask a probate attorney in your state if this concerns you.