Section § 5401

Explanation

This law allows banks to handle multiple-party accounts (where more than one person can access the account) just like single-party accounts. Any of the account holders or their agents can access the account unless the account terms say otherwise. If the account terms specify, more than one party may be needed to approve withdrawals, both while all account holders are alive and after any have passed away. However, this doesn't prevent the last survivor from accessing the remaining funds.

Banks do not need to check who's putting money into or taking money out of these accounts, determine who contributed what, or limit access based on contributions. Additionally, the funds in these accounts can still be subject to claims or holdbacks like debts or liens unless otherwise agreed in writing.

(a)CA Probate Code § 5401(a) Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request and according to its terms, to any one or more of the parties or agents.
(b)CA Probate Code § 5401(b) The terms of the account or deposit agreement may require the signatures of more than one of the parties to a multiple-party account during their lifetimes or of more than one of the survivors after the death of any one of them on any check, check endorsement, receipt, notice of withdrawal, request for withdrawal, or withdrawal order. In such case, the financial institution shall pay the sums on deposit only in accordance with such terms, but those terms do not limit the right of the sole survivor or of all of the survivors to receive the sums on deposit.
(c)CA Probate Code § 5401(c) A financial institution is not required to do any of the following pursuant to Section 5301, 5303, or any other provision of this part:
(1)CA Probate Code § 5401(c)(1) Inquire as to the source of funds received for deposit to a multiple-party account, or inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions.
(2)CA Probate Code § 5401(c)(2) Determine any party’s net contribution.
(3)CA Probate Code § 5401(c)(3) Limit withdrawals or any other use of an account based on the net contribution of any party, whether or not the financial institution has actual knowledge of each party’s contribution.
(d)CA Probate Code § 5401(d) All funds in an account, unless otherwise agreed in writing by the financial institution and the parties to the account, remain subject to liens, security interests, rights of setoff, and charges, notwithstanding the determination or allocation of net contributions with respect to the parties.

Section § 5402

Explanation

If you have a joint account, any of the account holders can withdraw money from it, no matter if the others are unable to or have passed away. However, if someone has died, their representative or heirs can't get money from the account unless they show proof that the deceased was the last living account holder. This rule changes if the account terms don't include the right of survivorship.

Any sums in a joint account may be paid, on request and according to its terms, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proof of death is presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under Section 5302.

Section § 5403

Explanation

This law explains who can receive money from a "Payable on Death" (P.O.D.) account, and under what circumstances. Any original person listed on the account can access it as agreed. If a P.O.D. payee has died, their heirs or personal representative can claim the funds if they prove the payee outlived all other original account holders. Similarly, if an original account holder dies, their heirs or personal representative can claim the funds with proof that they outlived everyone else named on the account.

Any P.O.D. account may be paid, on request and according to its terms, to any original party to the account. Payment may be made, on request, to the P. O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that the deceased original payee was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee.

Section § 5404

Explanation

A Totten trust account can be paid out to the trustee upon request, as long as it follows the account's terms. If the trustee dies, the bank can pay out the funds to the trustee's personal representative or heirs, but only if no written notice has been received stating that the beneficiary's interest is not dependent on outliving the trustee. This payment is possible if the deceased trustee was the last surviving person on the account. Similarly, if a beneficiary dies, the funds can be paid to the beneficiary or their heirs, provided evidence shows the beneficiary outlived all the trustees.

Any Totten trust account may be paid, on request and according to its terms, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that the deceased trustee was the survivor of all other persons named on the account either as trustee or beneficiary. A Totten trust account may be paid to a beneficiary or beneficiaries or the personal representative or heirs of a beneficiary or beneficiaries if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as trustees.

Section § 5405

Explanation

This law explains that when a bank makes payments according to certain sections (5401 to 5404), it's protected from claims about those payments, even if there are disputes about who really owns the money in the account. However, this protection doesn't apply if the bank has been served with a court order stopping payments.

If a bank receives written notice that withdrawals shouldn’t be allowed without more than one signature, it must follow those instructions until ownership rights are settled. The bank is not responsible for following these instructions. Lastly, this law doesn’t affect disputes between account holders over ownership and works along with other legal protections for banks.

(a)CA Probate Code § 5405(a) Payment made pursuant to Section 5401, 5402, 5403, or 5404 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors.
(b)CA Probate Code § 5405(b) The protection provided by subdivision (a) does not extend to payments made after the financial institution has been served with a court order restraining payment. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided by subdivision (a).
(c)CA Probate Code § 5405(c) Unless the notice is withdrawn by a subsequent writing, after receipt of a written notice from any party that withdrawals in accordance with the terms of the account, other than a checking account, share draft account, or other similar third-party payment instrument, should not be permitted, except with the signatures of more than one of the parties during their lifetimes or of more than one of the survivors after the death of any one of the parties, the financial institution may only pay the sums on deposit in accordance with the written instructions pending determination of the rights of the parties or their successors. No liability shall attach to the financial institution for complying with the terms of any written notice provided pursuant to this subdivision.
(d)CA Probate Code § 5405(d) The protection provided by this section has no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts and is in addition to, and not exclusive of, any protection provided the financial institution by any other provision of law.

Section § 5406

Explanation

This law explains that if a bank account is labeled as a Totten trust account, the rules for Totten trusts will apply. This is true even if it's named as a trustee account for someone else, unless the bank has been given written notice that it is not actually a Totten trust.

The provisions of this chapter that apply to the payment of a Totten trust account apply to an account in the name of one or more parties as trustee for one or more other persons if the financial institution has no other or further notice in writing that the account is not a Totten trust account as defined in Section 80.

Section § 5407

Explanation

This law explains how financial institutions should handle payments to minors in California.

If a minor is on a joint account, they or someone they authorize can receive payments, making it legal for the bank to release the funds.

However, if the minor is getting paid because they are named as a pay-on-death beneficiary or in a Totten trust, other rules apply. In these cases, payments must be handled under the California Uniform Transfers to Minors Act or other specific laws.

If a financial institution is required or permitted to make payment pursuant to this chapter to a person who is a minor:
(a)CA Probate Code § 5407(a) If the minor is a party to a multiple-party account, payment may be made to the minor or to the minor’s order, and payment so made is a valid release and discharge of the financial institution, but this subdivision does not apply if the account is to be paid to the minor because the minor was designated as a P.O. D. payee or as a beneficiary of a Totten trust account.
(b)CA Probate Code § 5407(b) In cases where subdivision (a) does not apply, payment shall be made pursuant to the California Uniform Transfers to Minors Act (Part 9 (commencing with Section 3900) of Division 4), or as provided in Chapter 2 (commencing with Section 3400) of Part 8 of Division 4.