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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 362

previous next Effective - 28 Aug 1997bottom

  362.471.  Pay-on-death accounts — form — effect — payments from. — 1.  A bank or trust company may contract for an account, including a certificate of deposit, in the following form: "John Doe, pay on death to Henry Doe".  Such account shall, during the lifetime of the person or persons first named in the account, be the property of and under the sole control of the person or persons first named; and the first named person or persons shall be entitled to cancel, change, give away, or otherwise deal with the account as if no other person was named in the account.

  2.  At the death of all of the first named persons, the account shall become the property of the person or persons named as the "pay-on-death" person or persons.  The bank or trust company is authorized to require proof of death and surrender of the evidence of account prior to withdrawal after the death of all of the first named persons.

  3.  If there is more than one first named person who is a holder of the account, the first named persons shall be joint tenants with right of survivorship.  If there is more than one pay-on-death person, the account shall be paid in equal shares to pay-on-death persons living at the time all first named persons have died.  The joint tenancy referred to in this section shall be governed by section 362.470.

  4.  The bank or trust company may make such contractual terms as the parties may agree to with respect to an account contracted for under this section.

  5.  The form of account authorized by this section shall be valid and shall supersede and override the requirements of chapter 474 as to disposition of the property of decedents and the requirements as to testamentary dispositions by will.

  6.  Any payment made by a bank or trust company on an account as described in this section shall be entitled to full credit upon such payment without necessity of determining whether any other person shall have an interest in the account, unless the bank or trust company shall have been served with process by a court of competent jurisdiction restricting payment on the account in accordance with the terms of such process.

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(L. 1984 H.B. 1033, A.L. 1997 H.B. 257)


---- end of effective   28 Aug 1997 ----

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