Joint Account Disputes in New York Surrogate’s Court – How to Win (or Defend) a Turnover Proceeding
Why Joint Accounts Spark Litigation
Many parents add an adult child to an account to “help with bills.” After death, the survivor may claim 100% by survivorship; the estate may argue it was only a convenience account and should come back to the estate.
New York’s rules create a rebuttable presumption for survivors only when the bank’s paperwork reflects survivorship; otherwise, there is no §675 presumption.
The law regarding Joint Account Disputes in a nutshell
1) The §675 presumption (when survivorship appears)
New York Banking Law §675 creates a presumption that funds in a properly titled joint account with survivorship language belong to the survivor on the other’s death, absent proof of undue influence, fraud, or lack of donative intent. Courts repeatedly emphasize that the signature card or ledger must contain survivorship words to trigger this presumption.
2) No survivorship language? No presumption.
If the documents don’t include survivorship language, §675’s presumption does not apply even if the account is labeled “joint.” The estate can then argue the account was a tenancy in common or a mere convenience account, requiring fact-finding. This lack of survivorship language is problematic for brokerage accounts which often do not have the option
3) “Convenience accounts” and Banking Law §678
New York recognizes convenience accounts—arrangements intended to help the depositor pay bills, not to transfer ownership at death. Courts look at the paperwork and real-world use (who funded it, who benefitted, who controlled withdrawals).
Proving (or rebutting) survivorship in Joint Account Disputes: what actually wins
- Produce the signature card/ledger with survivorship words to invoke §675. Without it, you carry the burden of proving gift/joint tenancy by other evidence.
- Show donative intent: affidavits, account-opening paperwork, bank records referencing survivorship, and consistent conduct (e.g., survivor used funds for both persons during life).
- To rebut: estates point to facts like sole funding by decedent, use solely for decedent’s expenses, late-life add-on of the joint tenant, and a will leaving assets to multiple beneficiaries—facts courts treat as inconsistent with a lifetime gift.
- Appellate decisions collect the rule: survivorship language triggers §675; absent that, the party claiming survivorship must prove it; and robust “convenience account” evidence creates triable issues.
- Winning often turns on the signature card, account usage, donative intent, and credible documentation
How to Initiate (or defend) an SCPA Article 21 turnover for Joint Account Disputes
There are two ways that joint account disputes play out. Either money was taken out of the estate and needs to be returned to the estate. Under this scenario, you would need to secure Limited Letters of Administration or Letters of Administration and then commence a discovery and turnover proceeding.
Alternatively, the fiduciary (executor or trustee) is holding your money and in this event you would need to commence a reverse discovery proceeding.
A. If you are the Fiduciary: SCPA 2103/2104 (discovery → turnover)
- Investigate and identify property: tax returns, statements, safe-deposit, mail, interviews; then draft a verified petition identifying the property and the person believed to hold it. Request an order to attend and be examined.
- File and obtain the order: the court issues an order initiating the inquiry stage under SCPA 2104, allowing you to examine the respondent even if they haven’t answered yet.
- Seek interim restraints if there’s dissipation risk (TRO/preliminary injunction) while the proceeding is pending.
- Examination & pleadings: if the respondent claims title, they must serve a verified answer; the matter proceeds to trial on ownership and, if proven, decree directing turnover.
B. If a fiduciary is holding your property: SCPA 2105 (reverse turnover)
A person claiming property held by an estate fiduciary may petition under SCPA 2105 to compel delivery. It’s the mirror image of 2103/2104 and can be crucial when, for example, a fiduciary seizes a joint account you believe is yours.
Practical filing tips (both sides):
- Attach signature cards/ledgers, account agreements, full monthly statements, and any POA used on the account.
- Consider an Order to Attend and Be Examined with exhibits ready (RK Law regularly pursues this path).
- Remember, limitations periods often track the underlying theory (e.g., contract claim can borrow CPLR 213’s six-year period). Tailor your pleading accordingly.
Evidence checklist (what to gather fast in Joint Account Disputes)
- Bank signature cards/ledgers; account agreements and change-of-ownership forms
- Complete statements (12–36 months), deposit/withdrawal records, and who benefitted
- Emails/letters and affidavits showing intent (gift vs. convenience)
- Decedent’s will and estate plan context
- Any POA, caregiver records, or late-life account changes
- Internal bank notes (often available by subpoena)
RK Law PC: How we approach these cases
- For estates: We move under SCPA 2103/2104 for immediate examinations, and, where warranted, seek restraints to protect funds.
- For survivors: We establish donative intent with the right documents, use SCPA 2105 when a fiduciary withholds property, and leverage case law to defeat convenience-account arguments.
FAQs on Joint Account Disputes
Without a signature card/ledger showing survivorship, the §675 presumption likely doesn’t apply; the survivor must prove donative intent or joint tenancy by other evidence.
No. “Joint” without survivorship language isn’t enough to trigger §675’s presumption.
Yes—use SCPA 2105 (reverse turnover) to compel a fiduciary to deliver property you claim.
Survivorship wording on the bank documents, consistent lifetime usage, credible proof of donative intent—or, for estates, proof the account was purely for convenience (sole funding by decedent, bill-pay only, late add-on).
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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