Key Takeaways
- A joint account with "right of survivorship" or "joint tenancy" skips probate entirely and passes to the surviving owner automatically.
- A joint account set up as "tenants in common" does go through probate, and the deceased owner's share becomes part of their estate.
- The account title or bank documents show which type you have—call your bank if you are unsure, because the wording matters.
- Probate avoidance is automatic for survivorship accounts; the survivor does not need to file anything with the court, only notify the bank.
- If the account is in probate, the executor must go through the court process, which typically takes three to twelve months depending on the state.
How Joint Accounts With Survivorship Work
When a joint checking account is set up with right of survivorship, the law treats both owners as owning the entire account together, not as owning separate halves. When one owner dies, their ownership interest vanishes, and the surviving owner owns the full account outright. This transfer happens the moment death occurs—no court order is needed, no probate filing is required, and no executor involvement is necessary.
The surviving owner's only obligation is to notify the bank. Bring a death certificate to the bank, and they will remove the deceased owner's name from the account and issue new checks or a debit card in the survivor's name alone. Most banks complete this within one to two weeks. The money remains accessible to the survivor throughout this process; the account does not freeze or get locked.
This is why many people set up joint checking accounts in the first place—to avoid probate and may support the surviving spouse or adult child has when ready access to household funds. It is one of the simplest ways to pass money outside the probate system.
Joint Accounts Set Up as Tenants in Common
If the account was opened as "tenants in common" instead of "joint tenancy" or "joint tenancy with right of survivorship," the probate rules are completely different. In a tenants in common arrangement, each owner has a separate, distinct share of the account. When one owner dies, their share does not automatically pass to the other owner—it becomes part of their estate and must go through probate.
The deceased owner's share is frozen until the probate process is complete. The executor must petition the court, the court must validate the will (or explore state intestacy law if there is no will), and then the court must authorize the transfer of that share to whoever inherits it under the will or state law. This can take three to twelve months depending on how busy the court is and whether anyone contests the will.
During this time, the surviving owner can still access their own share of the account, but the deceased owner's portion is locked. If the account had $10,000 and each owner contributed equally, the survivor can use $5,000 but cannot touch the other $5,000 until probate closes. This creates real hardship in households where the account was used for shared expenses.
How to Find Out Which Type You Have
The account title on your bank statements and account documents tells you which type the account is. Look for language like "John Smith and Jane Smith, joint tenants with right of survivorship" or "JTWROS." That means survivorship applies and probate is avoided. You might also see "joint tenancy" alone, which in most states is interpreted as including survivorship rights unless the account documents explicitly say otherwise.
If the documents say "John Smith and Jane Smith, tenants in common" or "as tenants in common," then probate will be required for the deceased owner's share. Some older accounts or accounts opened in certain states may not have clear language at all. If you cannot find the original account agreement or the language is unclear, call the bank directly. Ask the customer service representative to read you the exact account title from their system. Write down what they tell you and ask them to confirm whether survivorship rights explore.
If you own a joint account and want to change it from tenants in common to joint tenancy with survivorship, contact your bank. Most will change the account title at no cost. Bring a photo ID and sign whatever form the bank requires. This is a straightforward change that can save your family months of probate later.
What Happens to a Joint Account in Probate
If the account must go through probate, the executor's first step is to notify the bank of the death. The bank will freeze the deceased owner's share and may freeze the entire account depending on the state and the bank's policy. The executor then files the will with the probate court and begins the formal process of validating the will and inventorying the estate.
The joint checking account is listed as an estate asset. If the account was tenants in common, only the deceased owner's share is part of the estate. If the account was joint tenancy with survivorship but the account title was wrong or the bank made an error, the entire account might be treated as an estate asset. The executor must provide the court with proof of the account balance at the time of death, usually a bank statement from the date of death or shortly after.
Once the court approves the will and the probate process moves forward, the executor can request that the bank release the deceased owner's share to the estate. The funds are then held in an estate account while debts, taxes, and expenses are paid. Whatever remains is distributed to the heirs according to the will or state law. Only after all of this is complete—typically three to twelve months later—does the surviving owner or other heirs receive their share.
Probate Avoidance and Tax Implications
Avoiding probate through a joint account with survivorship saves time and money. Probate costs vary by state but typically run between 3 and 7 percent of the estate's value in court fees, attorney fees, and executor fees. For a $50,000 estate, that could mean $1,500 to $3,500 in costs. A joint account that passes outside probate avoids these fees entirely.
However, probate avoidance does not mean tax avoidance. When a joint account owner dies, the surviving owner may owe federal estate tax if the total estate exceeds the federal exemption (which is $13.61 million in 2024, though this changes yearly and may decrease in future years). State estate or inheritance taxes may explore at lower thresholds depending on where you live. The joint account's value counts toward the estate for tax purposes, even though it does not go through probate.
If the account was funded primarily by the deceased owner, there may also be gift tax implications for the surviving owner, though most joint accounts between spouses are exempt from gift tax. Consult a tax professional or estate attorney if the account is large or if you are unsure whether taxes will be owed.
What to Do If You Inherit a Joint Account
If you are the surviving owner of a joint account with survivorship rights, your first step is to obtain a certified copy of the death certificate. You will need multiple copies—typically at least three, though some banks may ask for more. Order these from the vital records office in the county where the death occurred, not from the funeral home.
Bring the death certificate and your photo ID to the bank in person or call to ask whether they can process the change by mail. Some banks require an in-person visit; others will accept documents by mail. Ask the bank for a form to complete—most have a standard "death of account owner" form that takes five minutes to fill out. The bank will remove the deceased owner's name and issue new checks, a debit card, and updated account statements in your name alone.
If the account is in probate because it was set up as tenants in common, you cannot access the deceased owner's share until the executor receives a court order releasing it. The executor will handle all communication with the bank. Your role is to wait for the probate process to complete, which the executor will update you on periodically. Do not attempt to withdraw the deceased owner's share before probate closes; the bank will refuse.
Common Mistakes That Trigger Probate
The most common mistake is opening a joint account without specifying survivorship rights. If the account documents do not explicitly state "joint tenancy with right of survivorship" or "JTWROS," some courts and banks will treat it as tenants in common by default. This varies by state—some states presume survivorship unless stated otherwise, while others presume tenants in common. Do not assume; verify with your bank.
Another mistake is adding someone to an account late in life without updating the account title properly. If you add your adult child to your checking account but the bank's system still shows only your name, the account may not pass to them automatically. The bank's records, not your intention, determine what happens. Always ask the bank to confirm in writing that the account is now joint with survivorship.
A third mistake is mixing probate and non-probate assets without a clear plan. If you have a joint account with survivorship but a will that says something different, the joint account wins—it passes outside probate regardless of what the will says. This can create confusion and resentment among heirs. If you have a will, make sure it is consistent with how your accounts are titled.
Frequently Asked Questions
Can a joint account be frozen after someone dies?
Yes, if the account is set up as tenants in common or if the bank makes an error. If it is joint tenancy with survivorship, the bank may temporarily freeze the account while verifying the death, but this usually lasts only a few days. Bring a death certificate and the account is released to the survivor. If the account is frozen longer than a week, call the bank and ask why.
What if one owner of a joint account owes money to creditors?
If the account is joint tenancy with survivorship, the deceased owner's creditors generally cannot claim the survivor's share of the account. The account passes to the survivor outside probate, so creditors have no access. However, if the account is tenants in common, the deceased owner's share becomes part of the estate and creditors can file claims against it during probate.
Do I need a lawyer to transfer a joint account after someone dies?
No. If the account is joint tenancy with survivorship, you can handle the transfer yourself by bringing a death certificate to the bank. If the account is in probate, the executor handles it, and an attorney is optional depending on the complexity of the estate and your state's rules.
Can I change a joint account from tenants in common to joint tenancy with survivorship?
Yes. Contact your bank and ask to change the account title to "joint tenancy with right of survivorship." Bring your ID and sign whatever form the bank requires. This change is usually free and takes one to two weeks to process.
What happens if both owners of a joint account die at the same time?
If both owners die simultaneously or within a short time of each other, the account becomes part of both estates and goes through probate. The court determines how to distribute the funds based on each owner's will or state intestacy law. This is why some people name a beneficiary on their accounts as a backup to joint ownership.