Your parent passed away and you were on the bank account with them — do you have to open a probate case just to use that money? In most cases, no. But the details of how the account was titled matter more than most families realize.
Joint accounts usually skip probate
A true joint account with right of survivorship passes automatically to the surviving owner the moment the other owner dies. It never becomes part of the probate estate, so no Surrogate's Court proceeding is needed for that account. The survivor typically just presents a death certificate to the bank. The same is true of accounts with a payable-on-death (in-trust-for) beneficiary — the named beneficiary collects directly from the bank.
The exceptions that trip families up
Not every account with two names is a survivorship account. A "convenience account" — where a child was added only to help pay bills — belongs to the estate at death, not to the child, and can end up in probate or in a dispute among siblings. Other heirs can also challenge a survivorship designation, arguing the second name was added for convenience or under undue influence. And remember: skipping probate doesn't skip debts or taxes; joint assets can still count for New York estate tax purposes.
The rest of the estate may still need probate
Even if every bank account passes automatically, assets held in the deceased's sole name — a house, a car, a brokerage account with no beneficiary — still require probate or administration before anyone can legally transfer them.
How Schwartsman Law Group can help
Schwartsman Law Group PLLC helps families sort out which assets pass automatically and which need Surrogate's Court. Founding attorney Marianna Schwartsman and her team serve clients from offices in Brooklyn, Manhattan, and Manhasset, in English, Spanish, and Russian. Call +1 212 518 3868, email ms@schwartsmanlaw.com, or request a free consultation.