The Short Answer

In Pennsylvania, if the account is set up as a payable-on-death (POD) / “trust” account naming you as beneficiary, the funds generally belong to the surviving beneficiary at the owner’s death—not to the probate estate—unless there is clear and convincing evidence the owner intended something different. Banks still commonly freeze accounts until they are satisfied you are the proper payee and that no competing claim (such as an estate representative or another beneficiary) controls the funds.

What Pennsylvania Law Says

Pennsylvania’s Multiple-Party Accounts Act governs many common “beneficiary” bank account setups, including accounts held in a form that names a beneficiary to receive what remains at the owner’s death (often described as a POD or Totten trust-style account). The key legal issue is the type of account and the account agreement: a true beneficiary designation can transfer the funds outside probate, but disputes can arise if the paperwork is unclear, the bank’s records don’t match what you were told, or someone claims the designation is invalid or was changed.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 6304.

This statute establishes that, at death, funds in certain multiple-party accounts pass to the surviving joint owner(s) or to the named beneficiary(ies) of a trust/POD-style account, unless there is clear and convincing evidence of a contrary intent, and that these survivorship/beneficiary rights generally cannot be changed by will.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the dispute turns into estate litigation or requires court involvement, timing can matter quickly—especially if an estate is opened and a personal representative starts asserting control over assets.
• Burden of Proof: The bank may require proof that the account is truly a beneficiary/POD or trust account and that you are the correct beneficiary (and not one of multiple claimants). If someone challenges the designation, the law references a “clear and convincing evidence” standard for proving a different intent.
• Exceptions: Not every “beneficiary” situation is legally the same—some accounts are joint accounts, some are POD/trust accounts, and some are treated as estate property depending on how the account was titled and documented.

Trying to handle this alone can lead to delays, a denial by the bank’s legal/compliance department, or escalation into an estate dispute. A Pennsylvania probate attorney can review the account titling and bank paperwork, communicate with the institution in the format they require, and, if needed, pursue relief through the appropriate court process.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.