One of the most important documents that you can never create is a will, a document that will be activated at the point of your death. It is going to state where you would like to have your assets distributed. People that do not have a will are subject to intestate laws. This is because they fall under the category of intestacy. These are the laws that govern situations where a person has not filed an official last living will and trust which directly instructs where their assets are to go. One of those assets is a checking account, and the assets that are in their will be distributed as mentioned on the will. This can sometimes be different when there is a joint checking account. Let’s look at what happens to a joint checking account when someone dies and they do not have a will.
What If There Is No Will When Your Spouse Dies?
If your spouse dies, and you do not have a will, people wonder what happens to a joint checking account. In most states, because the checking account is in the name of the spouse or partner that they have, those assets immediately are redirected to the person on the account. This is very important to have, in case you are not able to create a will and one of you unexpectedly dies. This prevents any problems from occurring such as family members that would request the money that is in the checking account, something they will not be able to access because it is jointly in your name.
Does A Joint Banking Account Need To Be In A Will?
Although it typically does not need to be, it is a good idea to put it in the will because it reaffirms that the deceased wanted the other person to have the money. By doing so, it prevents any possibility of family members stating that the money should be distributed to family members and not the spouse. It is done to prevent any possibility of disputes occurring which are quite common when someone dies.
The best thing to do is to have a will, or a living will, created before your death. Most of us do not know the time or date that will happen. Therefore, by creating one early, even if you are young, you can make sure that your assets are distributed to people that you would actually want to receive what you own. In the case of a joint checking account, there is usually no problem, but it’s always good to have a will that will list the joint checking account and its assets going to the surviving spouse or partner.