The Short Answer

In Pennsylvania, money in a true joint bank account with rights of survivorship generally becomes the surviving account holder’s property at death and is not part of the probate estate. Credit card debt is usually paid (if at all) from the decedent’s estate, but you may be personally responsible if you were a joint account holder/co-borrower (not just an authorized user) or otherwise legally obligated on the account.

What Pennsylvania Law Says

Pennsylvania treats many joint accounts as multiple-party accounts. Whether the surviving spouse automatically owns the remaining funds depends heavily on the type and form of the account and the intent shown when it was created. Debts, including credit card balances, are typically handled through the estate’s creditor process, but liability can shift if the surviving spouse is also legally obligated on the debt.

The Statute

The primary law governing survivorship rights in joint accounts is 20 Pa.C.S. § 6304.

This statute establishes that, unless there is clear and convincing evidence of a different intent when the account was created, the remaining balance in a joint account belongs to the surviving party as against the decedent’s estate.

Also, Pennsylvania law generally does not make one spouse automatically liable for the other spouse’s separate debts simply because of the marriage. See 23 Pa.C.S. § 4101 (addressing liability for debts contracted before marriage and clarifying that only the debtor-spouse’s property is typically exposed to that spouse’s debts).

For more Pennsylvania-specific background on survivorship and non-probate transfers, you may also find helpful: Do Joint Bank Accounts and Jointly Owned Property Automatically Transfer at Death Without a Will in Pennsylvania?

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Estate and creditor issues can become time-sensitive, and Pennsylvania has rules that can limit how long certain claims remain enforceable in specific contexts. For example, see 20 Pa.C.S. § 3385 (limitations affecting claims in certain real estate transfer situations).
• Burden of Proof: A joint account may be presumed to pass by survivorship, but that can be challenged with clear and convincing evidence of a different intent under 20 Pa.C.S. § 6304.
• Exceptions and Account Labels: “Joint account,” “convenience account,” “payable-on-death,” and “authorized user” status can lead to very different results. Credit card liability often turns on whether you were a co-obligor versus merely permitted to use the card.

Trying to handle this alone can lead to avoidable disputes with family members, banks, and creditors—or personal liability if you inadvertently accept or pay a debt you do not legally owe.

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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.