Insight

Does A Joint Bank Account Automatically Contain A Right Of Survivorship?

A joint bank account is a ubiquitous and popular way to own an account with one’s spouse, children, loved ones and friends.

Female hand using laptop with notebooks and phone nearby
Anthony J. Enea

Anthony J. Enea

November 22, 2016 12:00 AM

A joint bank account is a ubiquitous and popular way to own an account with one’s spouse, children, loved ones and friends. Generally, the primary and most significant advantage to using a joint bank account is that any of the parties named to the joint account will have access to its funds and, if the account is a joint account with rights of survivorship, the account passes to the surviving named account holder(s) upon the death of any joint tenant.

Generally, and in the past, the most important factor in determining whether a joint account is with rights of survivorship is whether the bank signature card establishing the account identifies the interests of the parties as being with rights of survivorship. Obtaining a physical copy of the signature card from a bank can be difficult as a result of numerous bank mergers and the passage of time from when the account was created.

Additionally, Section 675 of the NY Banking Law creates a presumption that a bank account created in the name of two or more persons which is to be paid to either of them or the survivor, in the absence of any evidence of fraud and /or undue influence will vest title to the survivor named on the account. The party seeking to challenge title to the account passing to the survivor has the burden of proving that undue influence and/or fraud existed.

Historically, producing a signed bank signature card containing the requisite statutory language of Section 675 of the Banking Law has been sufficient to create the presumption (although rebuttable) that the survivor is entitled to the remaining account proceeds upon the death of the joint tenant. However, in recent years when the bank signature card cannot be obtained, the courts, in determining whether the account has survivorship rights, look at other extrinsic evidence in making said determination.

For example, the bank representative’s recollection of advising the account holder that the balance in the account would be paid to the survivor upon the death of the other account holder and/or that the bank has a policy that all joint accounts are survivorship accounts, may serve as extrinsic evidence that the account was a joint account with rights of survivorship. The courts have also relied on electronic signature cards having the designation "J" as in "joint account" as evidence in support of the presumption under Section 675 of the Banking Law.

Additional factors the courts have relied upon in support of the presumption of survivorship rights are a joint holder making withdrawals from the account for his or her sole benefit; the decedent receiving statements and cancelled checks for the account; and the absence of evidence that the account holder was incapacitated or the victim of undue influence and/or fraud at the time the account was opened.

Obviously, having extrinsic factual evidence that establishes the intent to create a joint account with rights of survivorship is of great value. However, in my opinion, the best assurance one can have is a copy of the bank signature card, from the time the account was opened, containing the statutory language. This is, in my opinion, the best evidence for warding off any challenges to the survivorship nature of the account upon the death of a joint tenant.

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

Florida Rewrites the Rules on Housing


by Laurie Villanueva

Whether locals like it or not.

Florida Rewrites the Rules on Housing headline

What Is the Difference Between a Will and a Living Trust?


by Bryan Driscoll

A practical guide to wills, living trusts and how to choose the right plan for your estate.

Organized folders labeled “Wills” and “Trusts” representing estate planning documents

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Uber’s Staged Accidents Lawsuit a Signal Flare for Future of Fraud Litigation


by Bryan Driscoll

Civil RICO is no longer niche, and corporate defendants are no longer content to play defense.

Uber staged car crash headline

Anthropic Class Action a Warning Shot for AI Industry


by Bryan Driscoll

The signal is clear: Courts, not Congress, are writing the first rules of AI.

authors vs anthropic ai lawsuit headline

How to Get Full Custody of a Child


by Bryan Driscoll

Learn the legal steps, required evidence and common misconceptions about full custody to protect your parental rights.

Child holding hands with two parents, symbolizing custody

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne