Joint Bank Account After a Death: Who Gets the Money and What to Do

When one owner of a joint bank account dies, the money usually belongs to the surviving owner automatically. It does not go through probate, and a will generally cannot change that. This only works if the account has a right of survivorship, so the first thing to check is how the account is titled. The survivor then gives the bank a certified death certificate and asks what else it needs.

Who gets the money in a joint account?

Most joint accounts are opened with a right of survivorship. That means the balance passes to the surviving owner or owners at once, by the account terms, instead of going to the dead person's heirs. California's Probate Code states the rule directly: unless clear and convincing evidence shows a different intent, the remaining funds belong to the surviving party "as against the estate of the decedent."

If there is more than one survivor, they usually share the dead person's interest equally and keep their survivorship rights among themselves.

An account without survivorship wording works differently. California's statute says an account that does not fit the survivorship, payable-on-death or trust categories passes through the decedent's estate. That means the executor handles it, and it may need probate. Our guide to accessing a deceased person's bank account covers the executor's route.

How do you tell what kind of account it is?

Look at the account agreement or signature card, or ask the bank. The wording matters more than what the family assumed.

The same logic applies to other jointly owned property such as homes and vehicles. Our guide to joint ownership and death explains how those differ.

Can a will change who gets a joint account?

Generally not. California's Probate Code says survivorship rights that arise from the account's terms cannot be changed by will. Minnesota's statute is an example of a narrow exception: it lets a will change a survivorship right only by specific reference.

Because states differ, do not assume a will settles it. If a will and an account seem to conflict, a probate attorney can tell you which one controls in your state. The usual practical result is that the account balance goes to the survivor, and the will only covers what is left in the estate.

What if the account was only for convenience?

Parents often add an adult child to an account to help pay bills. During everyone's lifetime, California treats a joint account as belonging to the owners in proportion to their net contributions, unless there is clear and convincing evidence of a different intent. Minnesota's statute uses the same test.

That is why disputes arise after a death. If a parent put in all the money and added a child only for convenience, other family members may argue the balance should go to the estate. The survivor may argue the parent meant them to have it. Courts decide these cases on the evidence of intent, such as the account paperwork, who used the money and what the parent said.

If you are the survivor and a relative challenges the account, keep the account statements and any written note of the parent's wishes, and speak to a probate attorney.

What should the surviving owner do first?

1. Order certified death certificates. Banks usually want an original. Our guide on how many to order helps you count.
2. Contact the bank and ask for its process. Ask what documents it needs, whether it will restrict the account while it updates its records, and how to retitle the account in your name alone.
3. Plan for access. If you rely on the joint account for rent or bills, ask the bank whether you can keep using it while it updates its records, and keep some other money available in case access is slow.
4. Check automatic payments and deposits. Review direct debits, linked payment apps and recurring bills that were set up in the dead person's name.
5. Separate the dead person's other accounts. Accounts in their sole name, with no beneficiary, go through the estate. Our guide on notifying banks of a death covers the order to do this in.

What happens to Social Security and pension deposits?

Social Security cannot pay benefits for the month of death. USAGov gives an example: if someone dies in July, the payment made in August is for July and must be returned. If benefits arrive by direct deposit, tell the bank straight away so it can return that month's payment and any later ones. Social Security takes death reports by phone at 1-800-772-1213 or in person, not online, and the funeral director usually reports it if you give them the Social Security number.

Federal rules back this up. Under Treasury regulations, a bank must return benefit payments it receives after it becomes aware of a recipient's death, and the government can reclaim payments from the bank. If a post-death payment has already been spent, it may have to be repaid, so do not use those deposits.

Is the money in a joint account protected and taxed?

FDIC insurance. FDIC rules say the death of a deposit owner does not change the insurance coverage for six months, unless the account is restructured. The FDIC insures each co-owner's share of joint accounts up to $250,000 across all their joint accounts at the same bank. After the six months, coverage is based on who owns what. If a joint account balance is large, ask the bank or the FDIC whether the survivor's total at that bank is still covered.

Federal estate tax. The IRS says a federal estate tax return is only required if the gross estate is above $15,000,000 for deaths in 2026, and the IRS notes that most relatively simple estates do not need to file one. For spouses, the Internal Revenue Code counts half of a qualified joint interest in the dead spouse's estate. For other joint owners, the whole balance can be counted unless the survivor can show they contributed to it. Some states have their own estate or inheritance taxes at lower levels, so ask a tax adviser if the estate is large.

Debts. The FTC says debts are generally paid from the estate, not by relatives, unless you co-signed or another exception applies, such as community property states. In some states, creditors can also reach assets that passed outside probate if the estate cannot pay. Arizona's statute is one example. If the person left debts, read our guide on debts when someone dies before spending large amounts from the account.

What to do next

1. Find the account agreement and confirm whether survivorship applies.
2. Call the bank, ask what it needs, and request a written list.
3. Make sure any Social Security payment for the month of death or later has been returned.
4. Add a payable-on-death beneficiary or update your own estate plan, so the next transfer is simple.

For the rest of the estate, our guides on what an executor does and the first week after a death will help you sort the other tasks.

This guide is general information, not legal or tax advice. Account and probate rules vary by state, so check with the bank and a local attorney for your situation.