What happens to jointly held bank accounts and property when someone dies without a will in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, many jointly held assets transfer automatically to the surviving co-owner at death, even if the person died without a will. Whether the asset avoids probate usually depends on how title is held (for real estate) or how the account is set up (for bank accounts), not on intestate succession rules.
What Pennsylvania Law Says
Under Pennsylvania law, certain jointly owned assets pass by “right of survivorship,” meaning the surviving owner takes the asset directly and it generally does not become part of the probate estate. For bank accounts, Pennsylvania’s Multiple-Party Accounts rules create a strong presumption that funds remaining in a true joint account belong to the surviving account holder(s), unless there is strong proof the account was set up with a different intent.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 6304.
This statute establishes that money left in a joint bank account at death belongs to the surviving party or parties (as against the decedent’s estate) unless there is clear and convincing evidence that the account was intended to work differently.
For jointly held real estate and other property, survivorship can also control (for example, joint tenancy with right of survivorship or tenancy by the entireties for married couples). If co-owners die at the same time (or it cannot be proven who died first), Pennsylvania has special rules for how survivorship property is treated. See 20 Pa.C.S. § 8503.
If an asset does not have survivorship features (for example, property held as “tenants in common,” or an account that is not a survivorship/joint account), then the decedent’s share typically becomes part of the estate and passes under Pennsylvania intestate succession rules.
Related reading: How do I transfer a deceased spouse’s property without a will in Pennsylvania? and Can a bank refuse to release a deceased person’s account to a named beneficiary in Pennsylvania?.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Even when assets pass outside probate, estates often still face time-sensitive tax filings, creditor issues, and court deadlines that can affect the family’s finances.
- Burden of Proof: Joint accounts are presumed to pass to the survivor, but disputes can arise if heirs claim the account was added “for convenience” or due to undue influence—overcoming the presumption can involve “clear and convincing” evidence under 20 Pa.C.S. § 6304.
- Exceptions: The outcome can change based on the exact titling language (joint tenancy vs. tenants in common vs. tenancy by the entireties), beneficiary designations, and situations where deaths are close in time or simultaneous (see 20 Pa.C.S. § 8503).
Trying to handle this alone can lead to avoidable family conflict, bank delays, or mistakes that trigger litigation in Orphans’ Court.
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.