How can I avoid probate for property held in joint tenancy with right of survivorship? - Pennsylvania
The Short Answer
In Pennsylvania, property that is truly held in joint tenancy with right of survivorship typically transfers to the surviving owner automatically at death, meaning it generally does not pass through probate as part of the decedent’s estate. The key is that the ownership and survivorship language must be properly established and documented, and there are situations where survivorship can be challenged.
What Pennsylvania Law Says
Joint ownership with survivorship is a common way assets pass “by operation of law” at death. That means the survivor’s claim usually comes from the way title is held (or the account is set up), not from a will and not from the probate court. However, disputes can arise if the survivorship intent is unclear, if someone alleges undue influence or lack of capacity, or if special rules apply (for example, simultaneous death issues).
If your question involves bank or brokerage accounts titled jointly, Pennsylvania’s multiple-party account statute is especially important because it sets the default rule that the surviving joint owner takes the remaining balance unless a different intent is proven with a high evidentiary standard.
For more background, you may also want to read: Do Joint Bank Accounts and Jointly Owned Property Automatically Transfer at Death Without a Will in Pennsylvania?.
The Statute
The primary law governing survivorship rights in joint accounts is 20 Pa.C.S. § 6304.
This statute establishes that, for a joint account, amounts remaining on deposit at death belong to the surviving party or parties as against the decedent’s estate, unless there is clear and convincing evidence the account was intended to work differently when it was created.
Why You Should Speak with an Attorney
While survivorship ownership is designed to avoid probate, applying the rule to real-life families and real-life paperwork is rarely simple. Legal outcomes often depend on:
- Strict Proof Standards: Survivorship can be defeated only with strong evidence in some contexts (for example, “clear and convincing evidence” for joint accounts under 20 Pa.C.S. § 6304), which can become a major litigation issue if heirs contest the transfer.
- Title and Documentation Problems: If the deed/account registration does not clearly reflect survivorship (or was changed improperly), the asset may be treated as probate property or become the subject of a dispute.
- Exceptions and Disqualifying Conduct: Certain circumstances can change who receives jointly held property (for example, Pennsylvania’s slayer/elder abuse rules can affect joint ownership outcomes). See, e.g., 20 Pa.C.S. § 8806.
Even when probate is avoided, the transfer can still create tax, creditor, and family-conflict risks. A Pennsylvania probate attorney can review how the property is titled, assess whether survivorship is likely to be honored, and help you avoid a preventable court fight.
Get Connected with a Pennsylvania Attorney
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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.