The account freezes when the bank learns of the death, and what happens next depends on how the account was titled

When one owner of a joint checking account dies in Pennsylvania, the bank will freeze the account once it receives notice of the death—usually through a death certificate or a call from the estate representative. The money does not automatically go to the surviving owner. Instead, the bank follows the account's title structure and Pennsylvania law to determine who can access the funds and in what order.

If the account was set up as "joint tenants with rights of survivorship" (JTWROS), the surviving owner typically has the clearest path to the funds, though the bank may still require paperwork before releasing money. If it was a straightforward joint account without survivorship language, or if it was titled differently, the funds may need to go through probate or be distributed according to Pennsylvania's intestacy laws. The process takes weeks to months, not days.

Key Takeaways

  • The bank will freeze the account when it learns of the death, and you will need to contact the bank with a death certificate to begin any process.
  • Accounts titled "joint tenants with rights of survivorship" pass directly to the surviving owner without probate, but the bank may require an affidavit or court order before releasing funds.
  • Joint accounts without survivorship language may require the account to go through probate, which can take several months and involve the Orphans' Court.
  • Pennsylvania law treats joint account funds as belonging to both owners equally unless there is clear evidence one person contributed all the money.
  • The surviving owner should contact the bank when ready with the death certificate and ask specifically how the account is titled and what documents the bank needs.

How Pennsylvania law treats joint account ownership after death

Pennsylvania's Uniform Probate Code says that money in a joint account belongs to the owners in proportion to what each person contributed, unless the account was explicitly set up with survivorship rights. This means the deceased owner's share may be part of their estate and subject to probate, even if you were the other owner.

However, if the account was titled with "rights of survivorship" or "JTWROS," Pennsylvania recognizes this as a clear intent to pass the funds directly to the surviving owner outside of probate. The bank's records of how the account was titled at the time of death are what matter—not what you remember or what the deceased person intended verbally.

If the account has no survivorship language and the deceased person left a will, the account funds become part of the probate estate and are distributed according to the will. If there is no will, Pennsylvania's intestacy laws determine who receives the money, which typically means a spouse or adult children, depending on who survives.

What to do when ready after the death

Call the bank where the account is held and tell them one of the account owners has died. Have the death certificate ready, though you may not need to provide it when ready. Ask the bank three specific questions: (1) How is the account currently titled? (2) Does it have survivorship language? (3) What documents does the bank need from you to process the account?

Do not attempt to withdraw money or move funds before speaking to the bank. Many banks will flag unauthorized activity on a frozen account, and attempting to access it without proper documentation can delay the process and raise fraud concerns.

Write down the name and direct phone number of the bank employee you speak with, along with the date and time of the call. Banks handle these situations frequently, but you may need to follow up, and having a contact person speeds things up.

The probate route: when the account goes through the court

If the account does not have survivorship language, or if the deceased person's share is disputed, the account will likely need to go through probate in the Orphans' Court of the county where the deceased person lived. This is the court that handles estates and wills in Pennsylvania.

The person handling the estate (called the executor if there is a will, or the administrator if there is not) must open a probate case and present the account to the court as part of the estate. The court then determines who receives the funds based on the will or Pennsylvania's intestacy laws. This process typically takes three to six months, though it can be longer if there are disputes or complications.

During probate, the account remains frozen. The surviving owner cannot access their own contributions without court approval, and the deceased owner's share cannot be distributed until the probate process is complete. If you need money from the account for when ready expenses, you may be able to request an emergency distribution from the court, but this requires filing a separate petition.

The survivorship route: faster access if the account is titled correctly

If the account is titled "joint tenants with rights of survivorship" or has similar language indicating survivorship intent, the surviving owner can usually access the funds without going through probate. However, the bank will still require documentation before releasing money.

Most banks require an affidavit of survivorship—a sworn statement from the surviving owner confirming the death and their right to the account. Some banks have their own form; others accept a standard affidavit. You will also need to provide the death certificate. The bank may ask for a copy of the deceased owner's driver's license or other identification to verify the death.

A few banks require a court order even for survivorship accounts, particularly if the account balance is large or if there are any complications. If the bank requests a court order, you will need to file a petition in the Orphans' Court, which typically takes two to four weeks. This is less involved than full probate, but it is not when ready.

Taxes and creditor claims on the account

The funds in a joint account may be subject to federal estate tax if the deceased person's total estate exceeds the federal exemption (which is $13.61 million in 2024, though this changes yearly). Pennsylvania does not have a state estate tax, but the account may still be counted as part of the taxable estate for federal purposes.

Creditors of the deceased person—including medical providers, credit card companies, and the IRS—have a window to file claims against the estate. If the account goes through probate, creditor claims are handled as part of that process. If the account passes directly to the surviving owner through survivorship, creditors generally cannot reach those funds, though there are exceptions for certain types of claims.

If you are unsure whether the estate owes taxes or has creditor claims, consult with an estate attorney or accountant. The cost of a brief consultation is usually less than the cost of missing a important date or making a mistake.

What happens if the account is disputed

If another family member or creditor claims a right to the account funds, the bank will likely freeze the account indefinitely until the dispute is resolved. This can happen if someone contests the survivorship language, claims the deceased person was not competent when the account was opened, or asserts that they contributed to the account and deserve a share.

If a dispute arises, do not attempt to resolve it directly with the bank. Instead, consult an estate attorney. The attorney can help you understand your rights, respond to any claims, and file a petition in the Orphans' Court if necessary. Pennsylvania law favors the surviving owner in most cases, but the specific facts matter, and having legal guidance protects you.

Frequently Asked Questions

Can I access the account to pay the funeral or other when ready expenses?

Not when ready from the frozen account. However, you can request an emergency distribution from the bank or, if the account is going through probate, petition the Orphans' Court for an emergency order. Some banks will release a small amount for funeral expenses without a court order if you provide the death certificate and an affidavit. Ask the bank directly what their policy is.

What if I was the only one using the account, even though it was in both names?

It does not matter who used the account or contributed to it. Pennsylvania law presumes joint account funds belong equally to both owners unless there is clear written evidence otherwise. If you can show the deceased person contributed nothing and you contributed everything, you may be able to claim a larger share, but this requires documentation and possibly a court proceeding.

Do I need a lawyer to access the account?

Not always. If the account has survivorship language and the bank accepts an affidavit, you can handle it yourself. If the account goes through probate or if there is a dispute, a lawyer becomes important. An initial consultation with an estate attorney in your county costs $150 to $300 and can clarify whether you need ongoing representation.

How long does it take to access the money?

With survivorship language and no complications, two to four weeks. With probate, three to six months. If there is a dispute, it can take much longer. The bank's processing time is usually one to two weeks once you provide all required documents; the rest of the time is spent gathering those documents or going through court procedures.

What if the account is overdrawn or has a negative balance?

The surviving owner may be responsible for the negative balance, depending on how the account is titled and Pennsylvania law. Contact the bank when ready to understand your liability. If the account goes through probate, the debt is handled as part of the estate settlement.