Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 6304. Right of survivorship.
(a) Joint account.--Any sum remaining on deposit at the death of a party to a joint account belongs to
the surviving party or parties as against the estate of the decedent unless there
is clear and convincing evidence of a different intent at the time the account is
created. If there are two or more surviving parties, their respective ownerships during
lifetime shall be in proportion to their previous ownership interests under section
6303 (relating to ownership during lifetime) augmented by an equal per capita share
for each survivor of any interest the decedent may have owned in the account immediately
before his death; and the right of survivorship continues between the surviving parties.
(b) Trust account.--At the death of the trustee or the survivor of two or more trustees, any sum remaining
on deposit belongs to the person or persons named as beneficiaries, if surviving,
or to the survivor or survivors of them if one or more die before the trustee or last
surviving trustee, unless there is clear and convincing evidence of a contrary intent;
if two or more beneficiaries survive, there is no right of survivorship in event of
death of any beneficiary thereafter unless the terms of the account or deposit agreement
expressly provide for survivorship between them.
(c) Other cases.--In other cases, the death of any party to a multiple-party account has no effect on
beneficial ownership of the account other than that the rights of the decedent become
part of his estate.
(d) Change by will prohibited.--A right of survivorship arising from the express terms of an account or under this
section, or a beneficiary designation in a trust account cannot be changed by will.
Cross References. Section 6304 is referred to in sections 6305, 6306 of this title.
Notes of Decisions
Cited in
22
cases (
5 in the last 5 years), 1978–2023 · leading case:
In Re Novosielski, 992 A.2d 89 (Pa. 2010).
In Re Novosielski, 992 A.2d 89 (Pa. 2010).
· cites it 6× “20 Pa.C.S. § 6304(a) (emphasis added). The court did not conduct an analysis concerning, or make a conclusive determination as to, whether the Treasury Direct account is a joint account as defined, and thus governed, by the MPAA.”
In Re Est. of Meyers, 642 A.2d 525 (Pa. Super. Ct. 1994).
· cites it 3× “The Official Comment to 20 Pa.C.S. § 6304 states, in pertinent part, as follows: The effect of (a) of this section, when read with the definition of “joint account” in Section 6301(4), is to make an account, payable to one or more of two or more parties, a survivorship…”
In re Est. of Strahsmeier, 54 A.3d 359 (Pa. Super. Ct. 2012).
“— At the death of the trustee or the survivor of two or more trustees, any sum remaining on deposit belongs to the person or persons named as beneficiaries, if surviving, or to the survivor or survivors of them if one or more die before the trustee or last surviving trustee,…”
In Re Est. of Geniviva, 675 A.2d 306 (Pa. Super. Ct. 1996).
“Section 6304 of the Probate, Estates and Fiduciaries Code states, in pertinent part, that “[a]ny sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or parties as against the estate of the decedent----” 20 Pa.C.S. § 6304(a). Thus,…”
Est. of Sacchetti v. Appeal of Sacchetti, 128 A.3d 273 (Pa. Super. Ct. 2015).
“Appellant next avers that she owns the assets in the Prudential Savings Bank account that Mario transferred from his name into his and her names due to the operation of 20 Pa.C.S. § 6304(a), which states: (a) Joint account.”
Morris v. Pennsylvania Treasury Dep't Bureau of Unclaimed Prop., 152 A.3d 1083 (Pa. Commw. Ct. 2016).
“See Section 6304(a) of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S. § 6304(a) (“Any sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or parties as against the estate of the decedent unless there is clear and convincing…”
In Re Est. of Young, 391 A.2d 1037 (Pa. 1978).
“The statute provides in part that “[a]ny sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intent at the time the…”
In Re Est. of Gladowski, 396 A.2d 631 (Pa. 1979).
“Compare 20 Pa.C.S. § 6304(a) (Supp.1978-79), applicable to accounts created after September 1, 1976, which provides, in part, that “[a]ny sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or parties as against the estate of the…”
Lutz v. Orinick, 401 S.E.2d 464 (W. Va. 1990).
“); 20 Pa.Cons.Stat.Ann. § 6304 (Purdon Supp.”
Rose ex rel. Est. of Lee v. Davis (In re Davis), 476 B.R. 191 (Bankr. W.D. Pa. 2012).
“20 Pa. Cons.Stat. Ann. § 6304(a). Without any evidence to the contrary, it is reasonable to conclude that Katherine intended for her granddaughter to receive the remaining funds as her primary caretaker.”
— 20 Pa. Cons. Stat. § 6304(a) — 11 cases
In Re Novosielski, 992 A.2d 89 (Pa. 2010).
“20 Pa.C.S. § 6304(a) (emphasis added). The court did not conduct an analysis concerning, or make a conclusive determination as to, whether the Treasury Direct account is a joint account as defined, and thus governed, by the MPAA.”
In Re Est. of Geniviva, 675 A.2d 306 (Pa. Super. Ct. 1996).
“Section 6304 of the Probate, Estates and Fiduciaries Code states, in pertinent part, that “[a]ny sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or parties as against the estate of the decedent----” 20 Pa.C.S. § 6304(a). Thus,…”
Est. of Sacchetti v. Appeal of Sacchetti, 128 A.3d 273 (Pa. Super. Ct. 2015).
“Appellant next avers that she owns the assets in the Prudential Savings Bank account that Mario transferred from his name into his and her names due to the operation of 20 Pa.C.S. § 6304(a), which states: (a) Joint account.”
Morris v. Pennsylvania Treasury Dep't Bureau of Unclaimed Prop., 152 A.3d 1083 (Pa. Commw. Ct. 2016).
“See Section 6304(a) of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S. § 6304(a) (“Any sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or parties as against the estate of the decedent unless there is clear and convincing…”
— 20 Pa. Cons. Stat. § 6304(b) — 4 cases
In re Est. of Strahsmeier, 54 A.3d 359 (Pa. Super. Ct. 2012).
“— At the death of the trustee or the survivor of two or more trustees, any sum remaining on deposit belongs to the person or persons named as beneficiaries, if surviving, or to the survivor or survivors of them if one or more die before the trustee or last surviving trustee,…”
— 20 Pa. Cons. Stat. § 6304(d) — 2 cases
In Re Novosielski, 992 A.2d 89 (Pa. 2010).
“20 Pa.C.S. § 6304(a) (emphasis added). The court did not conduct an analysis concerning, or make a conclusive determination as to, whether the Treasury Direct account is a joint account as defined, and thus governed, by the MPAA.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.