If both spouses are on a joint account and one of them dies, does the other spouse have access to the account?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If both spouses are on a joint account and one of them dies, does the other spouse have access to the account?

Or does something need to be done prior to the person’s death so that the surviving spouse doesn’t have problems accessing the account?

Asked on March 1, 2012 under Estate Planning, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are joint holders on an account, you both have access to that account and it should not have to go through the process of probate as it would be technically exempt from it. Since you are both on the account, you may simply have to have the person's name removed after you present the death certificate to the entity who holds the account.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption