How do I challenge the administrator closing my father’s joint bank account without notifying heirs? - Pennsylvania
The Short Answer
In Pennsylvania, whether you can successfully challenge this depends first on whether the account was truly a joint account with survivorship (meaning it passes to the surviving account holder outside the estate) or whether some/all of the funds should have been treated as estate property. If the administrator handled estate assets without proper disclosure, heirs and other “parties in interest” can often force transparency through the Orphans’ Court process—especially at the inventory/accounting stage.
What Pennsylvania Law Says
Joint bank accounts are governed by Pennsylvania’s Multiple-Party Accounts rules. The key issue is ownership: if the account had survivorship rights, the balance at death generally belongs to the surviving joint owner—not the estate—unless there is clear and convincing evidence the account was set up with a different intent. Separately, a personal representative (administrator/executor) has statutory duties to inventory estate assets and provide notice when an estate accounting is filed.
The Statute
The primary law governing survivorship in a Pennsylvania joint account is 20 Pa.C.S. § 6304.
This statute establishes that money remaining in a joint account at death belongs to the surviving party as against the decedent’s estate, unless there is clear and convincing evidence of a different intent when the account was created.
On the estate-administration side, the personal representative must inventory estate assets and, when an account is filed, give written notice to interested parties:
- 20 Pa.C.S. § 3301 (verified inventory duty)
- 20 Pa.C.S. § 3503 (notice of filing of account and audit/confirmation)
Why You Should Speak with an Attorney
Even when heirs feel blindsided, joint accounts are often not probate assets—so the administrator may claim there was “nothing to notify” because the funds passed by survivorship. But disputes arise when the account was used as a convenience account, when the decedent funded the account but did not intend a gift, or when funds were withdrawn around the time of death.
Legal outcomes often depend on:
- Strict Deadlines: Objections to what was (or wasn’t) included in the estate inventory can be time-sensitive and are commonly litigated in connection with the first account/audit. Pennsylvania law allows objections to the inventory up to the time set by local court rule for objections to the first account. See 20 Pa.C.S. § 3305.
- Burden of Proof: To overcome survivorship, the statute requires clear and convincing evidence of a different intent at account creation. See 20 Pa.C.S. § 6304.
- Exceptions and Fact Traps: The “form of the account” at death matters, and banks’ signature cards/deposit agreements can control. See 20 Pa.C.S. § 6305. Also, ownership during lifetime can turn on who made the net contributions. See 20 Pa.C.S. § 6303.
If an administrator is treating a survivorship account as an estate asset (or vice versa), or if funds were moved in a way that harmed heirs, an attorney can evaluate whether the right remedy is an Orphans’ Court petition, objections at audit, a demand for an accounting, or a claim that the funds were improperly handled.
Related reading that may help you understand the survivorship issue before you speak with counsel: Do joint bank accounts automatically transfer at death in Pennsylvania?
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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.