The Estate Desk

Last verified 2026-11-01; facts checked against the primary sources below

Does a joint bank account go through probate?

Adam Nathan

Reviewed by Adam Nathan, founder of The Estate Desk

Facts checked against the official sources on this page on November 1, 2026. Not legal advice.

Last verified: November 1, 2026

The short answer: Does a joint bank account go through probate when one owner dies? Usually not: most joint accounts carry a right of survivorship, so the money passes straight to the surviving owner and stays out of the estate (CFPB). The exceptions are accounts held as tenants in common, where the dead owner's share goes to their heirs, and accounts where every owner has died with no living payable-on-death beneficiary, which then belong to the last owner's estate.

The account agreement decides which case you are in. You can read it, or ask the bank how the account is titled (CFPB).

Which accounts skip probate and which do not?

How the account is held Who gets the money when an owner dies Goes through probate? Source
Joint, with right of survivorship The surviving owner, or the surviving owners in equal shares No CFPB
Joint, as tenants in common The survivor keeps their share; the dead owner's share goes to their heirs under the will or state law Yes, for the dead owner's share CFPB
Payable on death (POD), in trust for (ITF) or transfer on death (TOD) The named beneficiary, once every owner has died No FDIC
Joint account with a POD beneficiary First the surviving owner; after the last owner dies, the beneficiary No, while an owner or beneficiary survives Cal. Prob. Code § 5302(b); Fla. Stat. § 655.82(3)
One owner plus an authorized signer or agent (a convenience account) The owner's estate. The signer owns nothing Yes, unless the estate qualifies for a small-estate process Fla. Stat. § 655.80; see authorized signers after death
Sole name, no beneficiary The owner's estate Yes, unless the estate qualifies for a small-estate process CFPB

The will does not override a survivorship or POD designation. California's Probate Code says a right of survivorship, a Totten trust beneficiary or a POD payee "cannot be changed by will" (§ 5302(e)), and the transfer happens under the account contract, not as a gift by will (§ 5304).

When does a joint account end up in probate anyway?

The state laws below describe these cases:

Situation What happens to the money Source
The account is titled as tenants in common The dead owner's share becomes part of their estate CFPB; Fla. Stat. § 655.82(4)
The last owner dies and no POD beneficiary survives The money belongs to the estate of the last surviving owner Fla. Stat. § 655.82(3)(b)
Someone proves the owners never meant the survivor to keep it California: clear and convincing evidence of a different intent. Florida: fraud, undue influence or clear and convincing proof of a contrary intent Cal. Prob. Code § 5302(a); Fla. Stat. § 655.79(2)
The other name on the account was only an agent or signer The money was always the owner's alone and goes to the estate Fla. Stat. § 655.80(2), (3)

What do California and Florida law say?

Rule California Florida
Who keeps a joint account when one owner dies The surviving party or parties, as against the estate, unless there is clear and convincing evidence of a different intent (§ 5302(a)) Presumed to vest in the surviving person or persons, unless the account agreement says otherwise (§ 655.79(1))
Does the account have to say "survivorship"? No. A joint account is one payable to any of two or more parties "whether or not mention is made of any right of survivorship" (§ 5130) No. Survivorship is presumed unless a contract, agreement or signature card says otherwise (§ 655.79(1))
Married owners The spouses' net contributions are presumed to be community property (§ 5305(a)). An account expressly labeled "community property" follows community property law instead (§ 5307) An account in the names of a husband and wife is a tenancy by the entirety unless otherwise specified in writing (§ 655.79(1))
Does it count toward the small-estate limit? No, to the extent the money belongs to a surviving party, POD payee or beneficiary (§ 13050(a)(2)) Not stated in the sections checked
Convenience account (owner plus agent) Not covered in the sections checked Belongs to the owner only; paid to the personal representative or the person named in a summary administration order (§ 655.80)

Other states have their own rules. For the California question of whether the rest of the estate needs probate, see do I need probate in California.

Does the surviving owner need to do anything?

The money is theirs, but the bank still has to take the dead owner's name off the account. For the documents banks ask for, see how to close a bank account after someone dies. If the bank has frozen a solely owned account, can a bank freeze an account after death covers what releases it.

Check the deposit insurance too. The FDIC insures a dead owner's accounts as if the owner were alive for six months after the death, so the survivor has time to retitle the money before coverage can drop (FDIC).

This is general consumer information, not legal advice. A dispute over who owns a joint account, or an estate that cannot pay its debts, should be reviewed with a lawyer in the state where the person lived.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources