Deposit Accounts

Section 383-B:4-405

    383-B:4-405 Joint Accounts. – A person or persons may establish a deposit account at a state or foreign depository bank doing business in this state pursuant to a written agreement. The written agreement shall govern the rights of any person who is named as an owner of the account. In the absence of a written agreement, if 2 or more persons are named on a deposit account as owners, the account shall be payable to any owner, and in the event of death, to the survivor or survivors of them. The survivors shall be entitled to ownership of the account whether or not (i) the funds deposited were the property of only one or some of the owners, (ii) at the time of the making of such deposits there was any intention on the part of the owners making such deposit to vest the other owner or owners with a present interest therein, (iii) only one of the owners during their several lives had the right to withdraw such deposit, or (iv) there was any delivery of any bank book, account book, savings account book, certificate of deposit, or other evidence of such an account, by the owner or owners making such deposit to the other owner or owners. The receipt by an owner of the account of any payment from the account made by the depository bank on the owner's request shall discharge the depository bank from any liability for any payment so made. Nothing in this paragraph shall be construed to prohibit an owner making a deposit or deposits from withdrawing the deposit during his or her lifetime, nor shall the existence of the right to withdraw the deposit during his or her lifetime defeat the rights provided herein for the owner or his or her survivors.

Source. 2016, 230:11, eff. Aug. 8, 2016.