Joint checking accounts usually skip probate, but the outcome depends on how the account is titled
A joint checking account with a right of survivorship passes directly to the surviving owner when one owner dies—it does not go through probate. The bank transfers the balance to whoever remains on the account, and the process typically takes days or weeks, not months. However, if the account is titled as "tenants in common" instead of "joint tenants with right of survivorship," the deceased owner's share becomes part of their estate and must go through probate.
The title on the account is what matters. Most banks default to right of survivorship when you open a joint account, but some do not, and some states have different rules. If you are unsure how your account is titled, call your bank and ask them to read the account registration to you word for word. That single phone call can answer the question definitively.
Key Takeaways
- Joint accounts with right of survivorship bypass probate entirely and transfer to the surviving owner automatically when the other owner dies.
- The exact title on the account—"joint tenants with right of survivorship" versus "tenants in common"—determines whether probate is required.
- Your bank can tell you the precise title on your account; ask them to read it to you directly rather than paraphrasing.
- Even if an account bypasses probate, it may still be counted as part of the deceased owner's taxable estate for federal estate tax purposes.
- Changing the title on an existing account requires both owners to visit the bank or submit a written request, depending on the bank's policy.
How right of survivorship works at death
When a joint account has right of survivorship and one owner dies, the surviving owner becomes the sole owner automatically. The bank does not freeze the account or wait for probate court to issue an order. You present a death certificate to the bank, and they remove the deceased owner's name from the account and transfer full ownership to the survivor.
This process is fast because the law recognizes the survivor's ownership immediately. There is no court involvement, no executor, no waiting for probate to close. The surviving owner can access the money and continue using the account within days in most cases. Some banks may take longer if they require additional documentation, but the principle is the same: the account belongs to the survivor by operation of law, not by court order.
What happens if the account is titled as tenants in common
If the account is registered as "tenants in common," each owner owns a separate share—usually 50/50, but not always. When one owner dies, their share does not automatically pass to the other owner. Instead, that share becomes part of the deceased owner's estate and must be distributed according to their will or, if there is no will, according to state law. This means probate is required.
The surviving owner can continue to use the account during probate, but they cannot withdraw the deceased owner's share without court approval. Once probate closes and the estate is settled, the deceased owner's share goes to whoever the will names or to the heirs under state law. The surviving owner does not automatically inherit it.
Tenants in common is uncommon for checking accounts but can happen if the account was opened that way or if the owners changed the title deliberately. It is more common in real estate or investment accounts. If you have a joint checking account and want to ensure it bypasses probate, confirm with your bank that it is titled with right of survivorship.
State variations in how joint accounts are treated
Most states presume that a joint account has right of survivorship unless the account is explicitly titled otherwise. However, a few states—including North Carolina and some others—have different default rules. In those states, a joint account may be treated as tenants in common unless the account is specifically registered with survivorship language.
The safest approach is to ask your bank directly what the account title says and whether it includes survivorship language. Do not rely on assumptions about what your state does or what the bank told you when you opened the account years ago. Banks change their forms and procedures, and account titles can be misremembered. A five-minute phone call to the bank's customer service line will give you a definitive answer.
How to change an account title if needed
If your joint account is not titled with right of survivorship and you want it to be, you can change it. Both owners must agree and visit the bank together, or both must sign a written request. The bank will close the old account and open a new one with the correct title, or they may simply update the registration on the existing account—the process varies by bank.
Bring photo identification for both owners. Some banks require a notarized signature from both owners; others do not. Call ahead and ask what documents you need to bring. The change is usually free and takes one visit or one mailed form. If one owner is unable to visit the bank in person, ask whether the bank accepts a power of attorney or whether they can mail forms for both owners to sign.
Joint accounts and federal estate tax
Even though a joint account with right of survivorship bypasses probate, it may still be included in the deceased owner's taxable estate for federal estate tax purposes. The IRS counts the full value of the account as part of the estate, unless the surviving owner can prove they contributed their own money to it.
This matters only if the total estate is large enough to owe federal estate tax. In 2024, federal estate tax applies only to estates over a certain threshold (the threshold varies by year and is set by federal law). Most estates are well below that threshold and owe no federal tax. However, if the estate is large, the joint account balance will be counted toward the taxable total, even though it does not go through probate.
State estate or inheritance taxes may also apply, depending on where you live. These are separate from federal tax and have their own thresholds and rules. Consult a tax professional or estate attorney if the total estate value is substantial.
What to do if you inherit a joint account
If you are the surviving owner of a joint account, contact the bank with a death certificate. Bring your own photo identification. The bank will verify your identity, confirm that you are the surviving owner on the account, and update the account registration to remove the deceased owner's name. You will then have full control of the account.
If the account was titled as tenants in common, you cannot withdraw the deceased owner's share without going through probate. The bank will likely freeze that portion of the account or require a court order before releasing it. The executor of the estate or the probate court will direct how that share is distributed.
Keep the death certificate. You may need to provide copies to the bank, to creditors of the deceased, or to other institutions. Most banks accept a certified copy; ask whether they need the original or a copy.
Frequently Asked Questions
Can creditors of the deceased person claim money in a joint account?
Creditors generally cannot touch a joint account with right of survivorship because the account passes directly to the survivor outside of probate. However, if the account is titled as tenants in common, the deceased owner's share becomes part of the estate and creditors can make claims against it during probate. The survivor's share is usually protected.
What if one owner on a joint account was added without contributing money?
The account still passes to the surviving owner by right of survivorship, regardless of who contributed the money. However, if the estate is large enough to owe federal estate tax, the IRS may count the full account value in the deceased owner's taxable estate unless the survivor can document their own contributions. This is a tax issue, not a probate issue.
Do I need a lawyer to change a joint account title?
No. You can change the title yourself by visiting the bank with both owners present and photo identification. The bank will handle the paperwork. You only need a lawyer if there is a dispute between the owners or if the account is part of a larger estate or divorce settlement.
If I add someone to my checking account, does that person automatically inherit it?
Only if the account is titled with right of survivorship. If it is, yes—the person you added will inherit the entire account when you die, regardless of what your will says. If the account is titled as tenants in common, your share goes through probate and is distributed according to your will or state law, not to the other owner.
Can a bank refuse to transfer a joint account to the survivor?
A bank can ask for a death certificate and proof of the survivor's identity, but they cannot refuse to transfer an account that is properly titled with right of survivorship. If a bank refuses, ask to speak to a manager and cite the account title. If the problem persists, file a complaint with your state's banking regulator or the Consumer Financial Protection Bureau.