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How a Joint Bank Account In South Carolina Passes

In South Carolina a joint bank account created after July 1, 1987 passes to the surviving depositor directly without going through probate. If a mother had a joint bank account created after July 1, 1987 and had her daughter named as the other depositor, after the mother died the bank account would automatically pass to the daughter and everything in the account would be in the daughter’s name without having to go through probate. Even if this joint bank account created after July 1, 1987 was named in the mother’s will going to different persons; the joint bank account would still pass to the daughter. Joint bank accounts created on July 1, 1987 or before may not pass automatically to a surviving depositor if there is clear and convincing evidence that the deceased depositor had different intentions on how the money should pass. This evidence can be a will or other writing that demonstrated the different intention at the time the joint account was created.

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