In cases where the decedent held a joint account with a spouse or another individual, the account typically transfers to the remaining account holder. So, do you still need to open an estate account if you already have access to the joint account?
The answer is yes, opening a separate estate account is often the better choice. Here’s why:
Simplifies Fund Management
Often individuals have multiple accounts for many different purposes, especially if they owned a business or were self-employed. An estate account consolidates all funds in one place, making it easier to track, manage, and distribute assets efficiently.
Reduces Legal and Financial Risks
- If the joint owner passes away before the estate is distributed questions can arise about who legally owns the remaining funds. Does the joint holder’s estate receive those funds, as they were listed on the account, or does the decedent receive them? While these questions can be answered by an attorney or an estate professional, that means more fees for the estate.
- If the joint account holder is not the executor or administrator, it can create trust issues within the estate. From the bank’s perspective, the joint account holder legally owns all the funds (even if they’re technically held in trust for the estate). However, this doesn’t prevent the possibility of misusing the funds. Yes, the executor can pursue the joint holder for not using the funds according to the estate’s plan, but that takes more money and more time. Noticing a pattern?
Prevents Mixing Personal and Estate Funds
The executor has a fiduciary duty to keep personal finances separate from estate assets. When the executor is the remaining joint holder of an account that also has their own personal funds, the chance of them comingling the estate funds and their personal funds increases. Choosing to open an estate account separate from your personal accounts is arguably a safer solution.
Streamlines Financial Record-Keeping
An estate account makes it easier to track transactions, especially when managing multiple income sources like property sales, dividends, and investments. Clean, organized records simplify reporting during probate and reduce the risk of accounting errors.
Centralizes Fund Deposits for Convenience
Somewhat related to our first point, instead of juggling multiple accounts, an estate account acts as a central hub for all incoming funds. This simplifies the process of managing proceeds from investments, property sales, and other income streams.