2005 North Carolina Code - General Statutes Article 12 - Joint Deposits.

Article 12.

Joint Deposits.

§ 53‑146.� Deposits in two names.

When a deposit has been or is hereafter made in any bank, trust company, banking and trust company, or any other institution transacting business in this State, in the names of two persons, payable to either, or payable to either or the survivor, all or any part of the deposit, or any interest or dividend thereon, may be paid to either of said persons, whether the other is living or not; and the receipt or acquittance of the person so paid is a valid and sufficient discharge to the bank for payment so made. (1917, c. 243, s. 1; C.S.,� s. 230.)

 

§ 53‑146.1.� Joint accounts.

(a)������ Any two or more persons may establish a deposit account or accounts by written contract. The deposit account and any balance thereof shall be held for them as joint tenants, with or without right of survivorship, as the contract shall provide; the account may also be held pursuant to G.S. 41‑2.1 and have the incidents set forth in that section, provided, however, if the account is held pursuant to G.S. 41‑2.1 the contract shall set forth that fact as well. Unless the persons establishing the account have agreed with the bank that withdrawals require more than one signature, payment by the bank to, or on the order of, any persons designated in the contract authorized by this section shall be a total discharge of the bank's obligation as to the amount so paid. Funds in a joint account established with right of survivorship shall belong to the surviving joint tenant or tenants upon the death of a joint tenant, and the funds shall be subject only to the personal representative's right of collection as set forth in G.S. 28A‑15‑10(a)(3), or as provided in G.S. 41‑2.1 if the account is established pursuant to the provisions of that section. Payment by the bank of funds in the joint account to a surviving joint tenant or tenants shall terminate the personal representative's authority under G.S. 28A‑15‑10(a)(3) to collect against the bank for the funds so paid, but the personal representative's authority to collect such funds from the surviving joint tenant or tenants is not terminated. A pledge of such account by any owner or owners, unless otherwise specifically agreed upon, shall be a valid pledge and transfer of such account, or of the amount so pledged, and shall not operate to sever or terminate the joint ownership of all or any part of the account. Persons establishing an account under this section shall sign a statement showing their election of the right of survivorship in the account, and containing language set forth in a conspicuous manner and substantially similar to the following:

���������������������� "BANK (or name of institution)

JOINT ACCOUNT WITH RIGHT OF

SURVIVORSHIP

G. S. 53‑146.1

We understand that by establishing a joint account under the provisions of North Carolina General Statute 53‑146.1 that:

1.�������� The bank (or name of institution) may pay the money in the account to, or on the order of, any person named in the account unless we have agreed with the bank that withdrawals require more than one signature; and

2.�������� Upon the death of one joint owner the money remaining in the account will belong to the surviving joint owners and will not pass by inheritance to the heirs of the deceased joint owner or be controlled by the deceased joint owner's will.

We DO elect to create the right of survivorship in this account.

����������������������������������������������������������������������� _____________________________________

____________________________________ "

(a1)���� This section shall not be deemed exclusive. Deposit accounts not conforming to this section shall be governed by other common law provisions of the General Statutes or the common law as appropriate.

(b)������ This section does not repeal or modify any provisions of laws relating to estate taxes. This section regulates and protects the bank in its relationship with joint owners of deposit accounts.

(c)������ No addition to such deposit account, nor any withdrawal or payment shall affect the nature of the account as a joint account, or affect the right of any tenant to terminate the account. (1987 (Reg. Sess., 1988), c. 1078, s. 1; 1989, c. 164, s. 2; 1989 (Reg. Sess., 1990), c. 866, s. 4; 1998‑69, s. 13.)

 

§ 53‑146.2.� Payable on Death (POD) accounts.

(a)������ If any person or persons establishing a deposit account shall execute a written agreement with the bank containing a statement that it is executed pursuant to the provisions of this section and providing for the account to be held in the name of the person or persons as owner or owners for one or more persons designated as beneficiaries, the account and any balance thereof shall be held as a Payable on Death account, with the following incidents:

(1)������ Any owner during the owner's lifetime may change any designated beneficiary by a written direction to the bank.

(1a)���� If there are two or more owners of a Payable on Death account, the owners shall own the account as joint tenants with right of survivorship and, except as otherwise provided in this section, the account shall have the incidents set forth in G.S. 53‑146.1.

(2)������ Any owner may withdraw funds by writing checks or otherwise, as set forth in the account contract, and receive payment in cash or check payable to the owner's personal order.

(3)������ If only one beneficiary is living and of legal age at the death of the last surviving owner, the beneficiary shall be the owner of the account, and payment by the bank to such owner shall be a total discharge of the bank's obligation as to the amount paid. If two or more beneficiaries are living at the death of the last surviving owner, they shall be owners of the account as joint tenants with right of survivorship as provided in G.S. 53‑146.1, and payment by the bank to the owners or any of the owners shall be a total discharge of the bank's obligation as to the amount paid.

(4)������ If one or more owners survive the last surviving beneficiary, the account shall become an individual account of the owner, or a joint account with right of survivorship of the owners, and shall have the legal incidents of an individual account in the case of a single owner or a joint account with right of survivorship, as provided in G.S. 53‑146.1, in the case of multiple owners.

(5)������ If only one beneficiary is living and that beneficiary is not of legal age at the death of the last surviving owner, the bank shall transfer the funds in the account to the general guardian or guardian of the estate, if any, of the minor beneficiary. If no guardian of the minor beneficiary has been appointed, the bank shall hold the funds in a similar interest bearing account in the name of the minor until the minor reaches the age of majority or until a duly appointed guardian withdraws the funds.

(6)������ Prior to the death of the last surviving owner, no beneficiary shall have any ownership interest in a Payable on Death account. Funds in a Payable on Death account established pursuant to this subsection shall belong to the beneficiary or beneficiaries upon the death of the last surviving owner and the funds shall be subject only to the personal representative's right of collection as set forth in G.S. 28A‑15‑10(a)(1). Payment by the bank of funds in the Payable on Death account to the beneficiary or beneficiaries shall terminate the personal representative's authority under G.S. 28A‑15‑10(a)(1) to collect against the bank for the funds so paid, but the personal representative's authority to collect such funds from the beneficiary or beneficiaries is not terminated.

The person or persons establishing an account under this subsection shall sign a statement containing language set forth in a conspicuous manner and substantially similar to the following:

 

BANK (or name of institution)

PAYABLE ON DEATH ACCOUNT

G.S. 53‑146.2

 

I (or we) understand that by establishing a Payable on Death account under the provisions of North Carolina General Statute 53‑146.2 that:

1.�������� During my (or our) lifetime I (or we), individually or jointly, may withdraw the money in the account; and

2.�������� By written direction to the bank (or name of institution) I (or we), individually or jointly, may change the beneficiary or beneficiaries; and

3.�������� Upon my (or our) death the money remaining in the account will belong to the beneficiary or beneficiaries and the money will not be inherited by my (or our) heirs or be controlled by will.

______________________________________

_____________________________________"

(a1)���� This section shall not be deemed exclusive. Deposit accounts not conforming to this section shall be governed by other applicable provisions of the General Statutes or the common law, as appropriate.

(b)������ Repealed by Session Laws 2001‑267, s. 1.

(c)������ No addition to such accounts, nor any withdrawal, payment, or change of beneficiary shall affect the nature of such accounts as Payable on Death accounts, or affect the right of any owner to terminate the account.

(d)������ This section does not repeal or modify any provisions of laws relating to estate taxes. (1987 (Reg. Sess., 1988), c. 1078, s. 1; 1989, c. 164, s. 5; 1989 (Reg. Sess., 1990), c. 866, s. 5; 1998‑69, s. 14; 2001‑267, s. 1.)

 

§ 53‑146.3.� Personal agency accounts.

(a)������ Any person may establish a personal agency account by written contract containing a statement that it is executed pursuant to the provisions of this section.� A personal agency account may be a checking account, savings account, time deposit, or any other type of withdrawable account or certificate.� The written contract shall name an agent who shall have authority to act on behalf of the depositor in regard to the account in the actions set out in this subsection.� The agent shall have the authority to:

(1)������ Make, sign or execute checks drawn on the account or otherwise make withdrawals from the account;

(2)������ Endorse checks made payable to the principal for deposit only into the account; and

(3)������ Deposit cash or negotiable instruments, including instruments endorsed by the principal, into the account.

A person establishing an account under this section shall sign a statement containing language substantially similar to the following in a conspicuous manner:

"BANK (or name of institution)

PERSONAL AGENCY ACCOUNT

G.S. 53‑146.3

I understand that by establishing a personal agency account under the provisions of North Carolina General Statute 53‑146.3 that the agent named in the account may:

1.�������� Sign checks drawn on the account; and

2.�������� Make deposits into the account.

I also understand that upon my death the money remaining in the account will be controlled by my will or inherited by my heirs.

����������������������������������������������������������������������� _____________________________________ "

(b)������ An account created under the provisions of this section grants no ownership right or interest in the agent.� Upon the death of the principal there is no right of survivorship to the account and the authority set out in subsection (a) terminates.

(c)������ The written contract referred to in subsection (a) shall provide that the principal may elect to extend the authority of the agent set out in subsection (a) to act on behalf of the principal in regard to the account notwithstanding the subsequent incapacity or mental incompetence of the principal.� If the principal so elects to extend such authority of the agent, then upon the subsequent incapacity or mental incompetence of the principal, the agent may continue to exercise such authority, without the requirement of bond or of accounting to any court, until such time as the agent shall receive actual knowledge that such authority has been terminated by a duly qualified guardian of the estate of the incapacitated or incompetent principal or by the duly appointed attorney‑in‑fact for the incapacitated or incompetent principal, acting pursuant to a durable power of attorney (as defined in G.S. 32A‑8) which grants to the attorney‑in‑fact that authority in regard to the account which is granted to the agent by the written contract executed pursuant to the provisions of this section, at which time the agent shall account to such guardian or attorney‑in‑fact for all actions of the agent in regard to the account during the incapacity or incompetence of the principal.� If the principal does not so elect to extend the authority of the agent, then upon the subsequent incapacity or mental incompetence of the principal, the authority of the agent set out in subsection (a) terminates.

(d)������ When an account under this section has been established all or part of the account or any interest or dividend thereon may be paid on a check made, signed or executed by the agent.� In the absence of actual knowledge that the principal has died or that the agency created by the account has been terminated, such payment shall be a valid and sufficient discharge to the bank for payment so made. (1987 (Reg. Sess., 1988), c. 1078, s. 1; 1989, c. 164, s. 8; 1989 (Reg. Sess., 1990), c. 866, s. 6.)

 

§ 53‑147.� Repealed by Session Laws 1943, c. 543.