Minn. Stat. » CHAPTER 528. MULTIPARTY ACCOUNTS
Minnesota Statutes

Minn. Stat. § 528.05 (2026)

[Repealed]

✓ current as of May 2026
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MS 1992 [Renumbered 524.6-204]

Notes of Decisions
Cited in 11 cases, 1975–1994 · leading case: Hopper v. Rech, 375 N.W.2d 538 (Minn. Ct. App. 1985).
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Hopper v. Rech, 375 N.W.2d 538 (Minn. Ct. App. 1985). · cites it 8× “Following decedent’s death, appellant claimed ownership of all funds from decedent’s bank accounts, pursuant to Minn. Stat. § 528.05 (a) (1982), which says sums remaining on deposit at the death of a party to a joint account belong to the surviving party.”
In Re the Est. of Nordorf, 364 N.W.2d 877 (Minn. Ct. App. 1985). · cites it 4× “The presumption of joint ownership does not apply because the joint accounts were invalidly created; thus, Frances has no right to possess the funds under Minn.Stat. § 528.05. Even if Frances had not been a fiduciary and the presumption of joint ownership applied, we would hold…”
Carlson v. Carlson, 363 N.W.2d 803 (Minn. Ct. App. 1985). · cites it 4× “ISSUE Who is entitled to the funds in the two First Federal accounts? ANALYSIS The trial court apparently relied on the presumption of joint ownership under Minn.Stat. § 528.05 in dividing the funds equally between Ruth and Roy.”
Lutz v. Orinick, 401 S.E.2d 464 (W. Va. 1990). · cites it 2× “18-A, § 6-104(a) (1981); Minn.Stat.Ann. § 528.05 (West 1985); 9 NJ.”
Est. of Spiess v. Schumm, 448 N.W.2d 106 (Minn. Ct. App. 1989). · cites it 2× “See Minn.Stat. §§ 528.05(a) (1988) (joint accounts); 528.”
Hefner v. Est. of Ingvoldson, 346 N.W.2d 204 (Minn. Ct. App. 1984). · cites it 2× “Minn.Stat. § 528.05(a) (1982). DECISION The certificates and bonds remained the sole property of decedent during her lifetime and were available to her to be disposed of as she wished.”
Miller v. Daniels, 520 N.W.2d 769 (Minn. Ct. App. 1994). · cites it 5× “Minn.Stat. § 528.05 (1992) provides in relevant part: (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention.”
Wagner v. Hagen, 386 N.W.2d 319 (Minn. Ct. App. 1986). · cites it 3× “Minn.Stat. § 528.05 (1984). The trial court found that appellant did not meet her burden of proving that a right of survivorship was not intended.”
Est. of Spiess v. Schumm, 442 N.W.2d 179 (Minn. Ct. App. 1989). · cites it 6× “That chapter provides: Any transfers resulting from the application of section 528.05 are effective by reason of the account contracts involved and this statute, and are not to be considered as subject to probate except as to the transfers expressly changed by will, as provided…”
In Re Guardianship of the Est. & Person of Schober, 226 N.W.2d 895 (Minn. 1975). “04, that the funds on deposit in a joint account belong to the parties in proportion to the net contribution by each, disappears upon1 the death of one of the parties and is replaced by the presumption stated in § 528.05, that the sums remaining on deposit belong to the…”
In Re Est. of LeBrun, 458 N.W.2d 139 (Minn. Ct. App. 1990). · cites it 2× “For example, the names of auto owners separated by the word “or” on the vehicle’s registration is evidence of joint tenancy.”
— Minn. Stat. § 528.05(a) — 5 cases
Hopper v. Rech, 375 N.W.2d 538 (Minn. Ct. App. 1985). “Following decedent’s death, appellant claimed ownership of all funds from decedent’s bank accounts, pursuant to Minn. Stat. § 528.05 (a) (1982), which says sums remaining on deposit at the death of a party to a joint account belong to the surviving party.”
Est. of Spiess v. Schumm, 448 N.W.2d 106 (Minn. Ct. App. 1989). “See Minn.Stat. §§ 528.05(a) (1988) (joint accounts); 528.”
In Re the Est. of Nordorf, 364 N.W.2d 877 (Minn. Ct. App. 1985). “The presumption of joint ownership does not apply because the joint accounts were invalidly created; thus, Frances has no right to possess the funds under Minn.Stat. § 528.05. Even if Frances had not been a fiduciary and the presumption of joint ownership applied, we would hold…”
Hefner v. Est. of Ingvoldson, 346 N.W.2d 204 (Minn. Ct. App. 1984). “Minn.Stat. § 528.05(a) (1982). DECISION The certificates and bonds remained the sole property of decedent during her lifetime and were available to her to be disposed of as she wished.”
Carlson v. Carlson, 363 N.W.2d 803 (Minn. Ct. App. 1985). “ISSUE Who is entitled to the funds in the two First Federal accounts? ANALYSIS The trial court apparently relied on the presumption of joint ownership under Minn.Stat. § 528.05 in dividing the funds equally between Ruth and Roy.”
— Minn. Stat. § 528.05(b) — 1 case
Est. of Spiess v. Schumm, 442 N.W.2d 179 (Minn. Ct. App. 1989). “That chapter provides: Any transfers resulting from the application of section 528.05 are effective by reason of the account contracts involved and this statute, and are not to be considered as subject to probate except as to the transfers expressly changed by will, as provided…”
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