What steps must a named beneficiary take to access a deceased person’s POD bank account in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, a properly designated POD/Totten trust-style bank account generally passes outside of probate to the named beneficiary, meaning the funds typically do not become part of the estate. In practice, the beneficiary usually must provide the bank with proof of death and satisfy the bank’s account-agreement requirements before the bank will release or retitle the funds.
What Pennsylvania Law Says
Pennsylvania’s Multiple-Party Accounts rules generally recognize that certain bank account designations (including “trust account”/Totten trust arrangements that function like POD accounts) are intended to transfer the remaining balance to the named beneficiary at the owner’s death, unless there is clear and convincing evidence the owner intended something different. That means the beneficiary’s claim is usually based on the account contract and statutory presumptions—not on what a will says.
Practically, banks still have to manage fraud risk, competing claims, and compliance requirements, so they commonly require documentation (like a death certificate and beneficiary identification) before releasing funds.
For a deeper discussion of beneficiary-designation issues, you may also want to read: Do I still need a trust if I have beneficiary designations to avoid probate in Pennsylvania? and Can a bank refuse to release a deceased person’s account to a named beneficiary in Pennsylvania?.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 6304.
This statute establishes that, at death, funds remaining in certain multiple-party accounts— including a “trust account” arrangement—belong to the surviving named beneficiary(ies) as against the decedent’s estate, unless there is clear and convincing evidence of a contrary intent, and it also provides that these beneficiary designations generally cannot be changed by will.
Why You Should Speak with an Attorney
Even when an account is labeled “POD,” disputes and delays are common because the bank must confirm the correct payee and because estates and creditors may challenge the transfer in certain situations. Legal outcomes often depend on:
- Strict Deadlines: If there is a dispute, delay can matter—especially if someone opens an estate, seeks court relief, or claims the designation was improper or later changed.
- Burden of Proof: Pennsylvania law allows challenges based on “clear and convincing evidence” of a different intent at account creation, which can turn on bank records, signature cards, and witness testimony. See 20 Pa.C.S. § 6304.
- Exceptions: Issues like multiple beneficiaries, ambiguous account titling, allegations of undue influence, or creditor claims can change whether and how the beneficiary receives the funds.
Trying to handle this alone can lead to avoidable bank delays, missteps in communicating with an estate representative, or getting pulled into Orphans’ Court litigation without a clear strategy.
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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.