The Short Answer

In Pennsylvania, assets that pass by a built-in transfer mechanism (like many joint bank accounts with survivorship) often do not go through probate, while assets titled solely in the decedent’s name generally do. A family LLC interest may still be an estate asset even if the LLC itself continues operating—what matters is what the decedent owned and what the operating agreement allows to transfer.

What Pennsylvania Law Says

Probate is primarily about collecting and transferring property that was owned by the decedent at death and does not automatically transfer to someone else. With joint accounts, Pennsylvania law focuses heavily on the form of the account at death and whether it carries a right of survivorship. With LLCs, the estate typically deals with the decedent’s transferable interest (economic rights) and the personal representative’s limited statutory powers to obtain information and settle the estate.

The Statute

The primary law governing joint bank accounts and survivorship is 20 Pa.C.S. § 6304.

This statute establishes that money left in a joint account at death generally belongs to the surviving account holder(s) as against the estate, unless there is clear and convincing evidence the decedent intended something different when the account was created.

For LLC interests, a key statute is 15 Pa.C.S. § 8854, which explains what a deceased member’s personal representative may do (including exercising certain transferee rights and obtaining information needed to settle the estate).

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your family’s situation—especially with a surviving spouse who has dementia and a business involved—can get complicated quickly. Legal outcomes often depend on:

• Strict Deadlines: Even when an asset avoids probate (like a survivorship account), it can still create tax, creditor, and reporting issues for the estate and family. Missing required estate administration and tax timelines can create personal representative liability.
• Burden of Proof: Joint accounts are often presumed to pass to the survivor under 20 Pa.C.S. § 6304, but that presumption can be attacked with “clear and convincing” evidence of a different intent—often a fact-heavy dispute involving bank records, signature cards, and family testimony.
• Exceptions: The “LLC” question is rarely just “probate or not.” The operating agreement may restrict transfers, limit management rights, or require a buyout. And under 15 Pa.C.S. § 8854, the personal representative’s rights may be narrower than family members expect.

Because you and your sibling are co-personal representatives, you also need to be aligned on what is an estate asset, what is a non-probate transfer, and how to document decisions—especially if the surviving spouse needs funds for care and there’s a risk of later objections.

If you want more background on these issues, you may find these helpful: joint bank accounts and automatic transfer in Pennsylvania and LLC membership interests during probate.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options—including what must be probated, how to handle joint accounts, and how to address an LLC interest while protecting the surviving spouse.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.