JOINT ACCOUNT HOLDERS DON’T ALWAYS AVOID PROBATE

The mere fact that someone held an account jointly with a decedent doesn't necessarily mean he will avoid probate. While there is a statutory presumption that a right of survivorship is created when a party to a joint account dies, this presumption can be overcome with evidence showing that undue influence was used in the creation of the account, or that the account was solely for the convenience of the depositor. This was highlighted in a recent NJ appellate court case. 

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