Wisconsin Statutes

Wis. Stat. § 705.04 (2026)

Right of survivorship

✓ current as of July 2026

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705.04705.04 Right of survivorship.

705.04(1)(1) 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 at the time the account is created. If there are 2 or more surviving parties, their ownership interests during lifetime shall remain subject to s. 705.03 (1); and the right of survivorship continues between the surviving parties.

705.04(2)(2) If the account is a P.O.D. account, on the death of the original payee or the survivor of 2 or more original payees, all of the following apply:

705.04(2)(a)(a) If there is one P.O.D. beneficiary and he or she survives, he or she is entitled to payment of all sums remaining on deposit.

705.04(2)(b)(b) If there are 2 or more P.O.D. beneficiaries and they all survive, they are entitled to payment of the sums on deposit in accordance with any written instructions that the owner filed with the financial institution or, if the owner left no written instructions, to payment in equal shares.

705.04(2)(c)(c) If 2 or more persons succeed to ownership of the account, there is no further right of survivorship unless the terms of the account expressly provide for survivorship or for the account’s continuance as a joint account.

705.04(2)(d)(d) Subject to the rights of financial institutions under s. 705.06 (1) (c), if any P.O.D. beneficiary predeceases the original payee or the survivor of 2 or more original payees, the amount to which the predeceased P.O.D. beneficiary would have been entitled passes to any of his or her issue who would take under s. 854.06 (3).

705.04(2)(e)(e) If no P.O.D. beneficiary or predeceased P.O.D. beneficiary’s issue who would take under s. 854.06 (3) survives the death of all owners, the account belongs to the estate of the deceased sole owner or the estate of the last to die of multiple owners.

705.04(2)(f)(f) Payment may be made to a minor P.O.D. beneficiary only in accordance with a procedure approved under ch. 54.

705.04(2)(g)(g) If the P.O.D. account is a marital account, this section applies only to the 50 percent of the account not owned by the surviving spouse named as a party on the account.

705.04(2g)(2g) Notwithstanding subs. (1) and (2), the department of health services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27, 2017 stats., that is recoverable under s. 46.27 (7g) (c) 1., 2017 stats., and that was paid on behalf of the decedent or the decedent’s spouse.

705.04(2m)(2m) Unless a marital property agreement under s. 766.58 provides otherwise, after deducting all payments and certifications made under s. 404.405 50 percent of the sums remaining on deposit at the death of a party to a marital account belongs to and may, upon the maturity of the account, be withdrawn by the surviving spouse and 50 percent belongs to and may, upon the maturity of the account, be withdrawn by the decedent’s estate. No financial institution is liable for any amount withdrawn under this subsection by a party who falsely claims to be the decedent’s spouse.

705.04(3)(3) Subject to s. 853.15, a right of survivorship arising from the express terms of the account or under this section, or a P.O.D. beneficiary designation, cannot be changed by will. Any transfers resulting from the application of this section are not to be considered testamentary dispositions.

705.04(4)(4) As to any deposit made on or after January 1, 1986, a surviving spouse who is not a party to the account may recover under s. 766.70 (6).

705.04 HistoryHistory: 1973 c. 291; 1983 a. 186; 1985 a. 37 s. 187; 1995 a. 27 ss. 7065 to 7065c, 9126 (19); 1999 a. 9; 2005 a. 216, 387; 2007 a. 20 s. 9121 (6) (a); 2007 a. 97; 2009 a. 177; 2013 a. 20; 2015 a. 55; 2019 a. 9.

705.04 AnnotationA personal representative is not a “party” to an account held as a “joint account” by the decedent and another who survives; a bank that disburses the funds of the joint account to the personal representative is not entitled to immunity under s. 705.06 (2). Ixonia State Bank v. Schuelke, 171 Wis. 2d 89, 491 N.W.2d 772 (Ct. App. 1992).

705.04 AnnotationAn annuity that transferred ownership from the owner to a “co-annuitant” on the owner’s death was a joint account under sub. (1). A joint account with right of survivorship will defeat a marital agreement that does not make the transfer. Reichel v. Jung, 2000 WI App 151, 237 Wis. 2d 853, 616 N.W.2d 118, 99-1211.

705.04 AnnotationTo rebut the presumption of survivorship raised by sub. (1), the inquiry turns on the intention for the joint account at the time it was created. However, it does not follow that evidence postdating the creation of the account that expresses the party’s post-creation intention is only probative of the party’s post-creation intention and is therefore irrelevant to the inquiry. The law of evidence embraces the common sense assumption that mental states, including intentions, can persist over time. Because a party’s intention for a joint account may persist after its creation and may manifest in the party’s post-creation statements and conduct, post-creation evidence of such manifestations may be relevant. Henke v. Estate of Klawitter, 2023 WI App 60, 409 Wis. 2d 696, 998 N.W.2d 579, 22-2036.

705.04 AnnotationP.O.D.s May Thwart Testators’ Intent: It’s What Mom Wanted. Devitt. Wis. Law. Mar. 2013.

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1976–2024 · leading case: Mueller v. Edwards, 2017 WI App 79 (Wis. Ct. App. 2017).

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Mueller v. Edwards, 2017 WI App 79 (Wis. Ct. App. 2017). · cites it 6× “01 (8) and (9) is also supported by Wis. Stat. § 705.04 (2)(a) and (b), which requires that "all sums remaining on deposit" are to be paid "in accordance with any written instructions that the owner filed with the financial institution.”

Reichel v. Jung, 2000 WI App 151 (Wis. Ct. App. 2000). · cites it 5× “In addition, under Wis. Stat. § 705.04 , the Annuity constituted a joint account which transferred to Dianne as Ronald's survivor.”

In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). · cites it 2× “Section 705.04(1), Stats. If marital property is used to fund the account, it is a gift to the third party which is subject to the nontenant spouse's right of reimbursement.”

Randall v. Felt, 2002 WI App 157 (Wis. Ct. App. 2002). “§ 705.04(1), in turn, provides the following: 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 at the time…”

Bell v. Neugart, 2002 WI App 180 (Wis. Ct. App. 2002). “§ 705.04 provides: Right of survivorship.”

Ixonia State Bank v. Schuelke, 491 N.W.2d 772 (Wis. Ct. App. 1992). · cites it 2× “The terms of the joint account also track the language of sec. 705.04(1), Stats., 6 which establishes the *97 right of survivorship.”

Lutz v. Orinick, 401 S.E.2d 464 (W. Va. 1990). “100 (1986); Wis.Stat.Ann. § 705.04 (West Supp.1990). Other states have joint *535 account statutes which provide that the creation of a joint account will be prima fade evidence of ownership in the surviving joint tenant “in the absence of fraud or undue influence, or other…”

In Matter of Est. of Koenigsmark, 351 N.W.2d 169 (Wis. Ct. App. 1984). “Sec. 705.04, Stats. That section provides in part: (1) 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 at…”

Carla Henke v. Clarence E. Klawitter, 2023 WI App 60 (Wis. Ct. App. 2023). · cites it 31× “There is no case law following the enactment of § 705.04 that explicitly addresses the applicable standard of review.”

Est. of Weger v. Erasmus, 238 N.W.2d 522 (Wis. 1976). “45 has now been repealed and recodified at sec. 705.04, Stats. 2 Inventory item “e,” the bond purchased through F.”

Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023). · cites it 4× “§ 705.04 concerns the payment of funds in a P.”

Campbell, Angela v. Evers, Tony (W.D. Wis. 2024). · cites it 2× “Campbell believes that she is entitled to some of Ketterer’s share, but a state court ruled otherwise, concluding that Ketterer’s son, defendant Scott Austin, inherited his mother’s share pursuant to Wis. Stat. § 705.04 (2)(d) and § 854.06(3).”

Show all 14 citing cases →

— Wis. Stat. § 705.04(1) — 7 cases

In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). “Section 705.04(1), Stats. If marital property is used to fund the account, it is a gift to the third party which is subject to the nontenant spouse's right of reimbursement.”

Reichel v. Jung, 2000 WI App 151 (Wis. Ct. App. 2000). “In addition, under Wis. Stat. § 705.04 , the Annuity constituted a joint account which transferred to Dianne as Ronald's survivor.”

Ixonia State Bank v. Schuelke, 491 N.W.2d 772 (Wis. Ct. App. 1992). “The terms of the joint account also track the language of sec. 705.04(1), Stats., 6 which establishes the *97 right of survivorship.”

Carla Henke v. Clarence E. Klawitter, 2023 WI App 60 (Wis. Ct. App. 2023). “There is no case law following the enactment of § 705.04 that explicitly addresses the applicable standard of review.”

— Wis. Stat. § 705.04(2)(d) — 1 case

Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023). “§ 705.04 concerns the payment of funds in a P.”

— Wis. Stat. § 705.04(3) — 2 cases

Mueller v. Edwards, 2017 WI App 79 (Wis. Ct. App. 2017). “01 (8) and (9) is also supported by Wis. Stat. § 705.04 (2)(a) and (b), which requires that "all sums remaining on deposit" are to be paid "in accordance with any written instructions that the owner filed with the financial institution.”

Carla Henke v. Clarence E. Klawitter, 2023 WI App 60 (Wis. Ct. App. 2023). “There is no case law following the enactment of § 705.04 that explicitly addresses the applicable standard of review.”

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