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

2026 Best Lawyers Awards: Recognizing Legal Talent Across the United States


by Jamilla Tabbara

The 2026 editions highlight the top 5% of U.S. attorneys, showcase emerging practice areas and reveal trends shaping the nation’s legal profession.

Map of the United States represented in The Best Lawyers in America 2026 awards

Gun Rights for Convicted Felons? The DOJ Says It's Time.


by Bryan Driscoll

It's more than an administrative reopening of a long-dormant issue; it's a test of how the law reconciles the right to bear arms with protecting the public.

Firearms application behind jail bars

2026 Best Lawyers Awards in Canada: Marking 20 Years of Excellence


by Jamilla Tabbara

Honoring Canada’s most respected lawyers and spotlighting the next generation shaping the future of law.

Shining Canadian map marking the 2026 Best Lawyers awards coverage

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

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

How to Sue for Defamation: Costs, Process and What to Expect


by Bryan Driscoll

Learn the legal standards, costs and steps involved when you sue for defamation, including the difference between libel and slander.

Group of people holding papers with speech bubbles above them

Build Your Legal Practice with Effective Online Networking


by Jamilla Tabbara

How thoughtful online networking supports sustained legal practice growth.

Abstract web of connected figures symbolizing online networking among legal professionals

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Blogging for Law Firms: Turning Content into Client Connections


by Jamilla Tabbara

How law firms use blogs to earn trust and win clients.

Lawyer typing blog content on laptop in office

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

How to Choose a Good Lawyer: Tips, Traits and Questions to Ask


by Laurie Villanueva

A Practical Guide for Your First-Time Hiring a Lawyer

Three professional lawyers walking together and discussing work

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

Common-Law Marriage in Indiana: Are You Legally Protected?


by Laurie Villanueva

Understanding cohabitation rights and common-law marriage recognition in Indiana.

Married Indiana couple in their home

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

AI Tools for Lawyers: How Smithy AI Solves Key Challenges


by Jamilla Tabbara

Understand the features and benefits within the Best Lawyers Digital Marketing Platform.

Legal professional editing profile content with Smithy AI

Alimony Explained: Who Qualifies, How It Works and What to Expect


by Bryan Driscoll

A practical guide to understanding alimony, from eligibility to enforcement, for anyone navigating divorce

two figures standing on stacks of coins