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A.R.S. § 14-6211

Who Owns Money in a Joint Bank Account

Verified April 4, 202657th Legislature, 1st Regular Session

Ownership of a joint bank account is based on how much each person actually deposited, not simply whose name is on the account. For married couples, contributions are presumed equal. A payable on death beneficiary has no rights while any owner is alive. An agent has no ownership interest.

Title 14, NONPROBATE TRANSFERS

azleg.gov

Ownership Is Based on Contributions, Not Names

Many people assume that if two names appear on a bank account, each person owns half. The law takes a different approach. The owner of the account is determined by net contributions: who actually put the money in. This matters for every family member involved in joint ownership of bank accounts.

During the lifetime of all parties an account belongs to the parties in proportion to the net contribution of each to the sums on deposit unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.

A.R.S. § 14-6211(A)

If a parent deposits $100,000 into a joint account with an adult child who deposits nothing, the parent is the sole owner of the full balance for purposes of legal disputes. The child can still access the account because the bank honors the signature card, but ownership is a separate question. For married couples, the law presumes equal contributions unless someone proves otherwise.

Beneficiaries and Agents Have No Ownership During the Owner's Lifetime

A payable on death beneficiary is named to receive the account balance after the last surviving owner dies. Until that happens, the beneficiary has no legal right to the funds. They cannot make withdrawals, and they have no claim if the owner of the account spends the entire balance before death.

An agent designated on the account has even fewer rights. The agent can make transactions on behalf of the owners, such as helping to pay bills, but the agent has no beneficial interest in the money. The agent is there to help manage the account, not to benefit from it.

A beneficiary in an account having a pay on death designation has no right to sums on deposit during the lifetime of any party.

A.R.S. § 14-6211(B)

Understanding these distinctions helps families make better decisions about how to title accounts. Adding someone as a joint owner, a payable on death beneficiary, or an agent produces very different legal results. Choosing the right structure depends on the goal.

For any family member helping a parent or other relative with finances, knowing the difference between joint ownership and an agency designation is essential. A sole owner who adds a child to the account for convenience may not intend to give away half the balance. When the owner dies, the ownership question becomes critical. If the account was titled with survivorship rights, the surviving joint owner takes the funds. If it was not, the deceased person's share passes through their estate. These details shape how assets move after death, and getting them right avoids disputes among family members.

Elder law attorneys often recommend reviewing account titles as part of an overall estate plan. The way accounts are set up can affect taxes, creditor exposure, and whether the funds pass through probate. Taking time to understand joint ownership, payable on death designations, and agency arrangements helps families protect their assets and carry out the account holder's wishes.

14-6211. Ownership of accounts A. During the lifetime of all parties an account belongs to the parties in proportion to the net contribution of each to the sums on deposit unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount. B. A beneficiary in an account having a pay on death designation has no right to sums on deposit during the lifetime of any party. C. An agent in an account with an agency designation has no beneficial right to sums on deposit. D. For the purposes of subsection A of this section, "net contribution" means the sum of all deposits to an account made by or for the party, less all payments from the account that are made to or for the party and that have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. Net contribution includes deposit life insurance proceeds added to the account by reason of the death of the party whose net contribution is in question.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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