Code of the District of Columbia

Subchapter II. Multiple-Person Accounts.


Part A. Definitions and General Provisions.

§ 19–602.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Account” means a contract of deposit between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, and share account.

(2) “Agent” means a person authorized to make account transactions for a party.

(3) “Beneficiary” means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee.

(3A) “Domestic partner” shall have the same meaning as provided in § 32-701(3).

(4) “Financial institution” means an organization authorized to do business under state, District, or federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union.

(5) “Multiple-party account” means an account payable on request to one or more of 2 or more parties, whether or not a right of survivorship is mentioned.

(6) “Party” means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent.

(7) “Payment” of sums on deposit includes withdrawal, payment to a party or third person pursuant to check or other request, and a pledge of sums on deposit by a party, or a set-off, reduction, or other disposition of all or part of an account pursuant to a pledge.

(8) “POD designation” means the designation of:

(A) A beneficiary in an account payable on request to one party during the party’s lifetime and on the party’s death to one or more beneficiaries, or to one or more parties during their lifetimes and on death of all of them to one or more beneficiaries; or

(B) A beneficiary in an account in the name of one or more parties as trustee for one or more beneficiaries if the relationship is established by the terms of the account and there is no subject of the trust other than the sums on deposit in the account, whether or not payment to the beneficiary is mentioned.

(9) “Receive,” as it relates to notice to a financial institution, means receipt in the office or branch office of the financial institution in which the account is established, but if the terms of the account require notice at a particular place, in the place required.

(10) “Request” means a request for payment complying with all terms of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but, for purposes of this subchapter, if terms of the account condition payment on advance notice, a request for payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for payment.

(11) “Sums on deposit” means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance, and any deposit life insurance proceeds added to the account by reason of death of a party.

(12) “Terms of the account” includes the deposit agreement and other terms and conditions, including the form, of the contract of deposit.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(p), 53 DCR 1035.)

Effect of Amendments

D.C. Law 16-79 added par. (3A).

Editor's Notes

Uniform Law: This section is based upon § 201 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.02. Limitation on scope of subchapter.

This subchapter does not apply to:

(1) An account established for a partnership, joint venture, or other organization for a business purpose;

(2) An account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or

(3) A fiduciary or trust account in which the relationship is established other than by the terms of the account.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Editor's Notes

Uniform Law: This section is based upon § 202 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.03. Types of account; existing accounts.

(a) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to section § 19-602.12(c), either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.

(b) An account established before, on, or after the effective date of this chapter [April 27, 2001], whether in the form prescribed in section 19-602.04 or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship, and with or without a POD designation or an agency designation, within the meaning of this subchapter, and is governed by this subchapter.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Editor's Notes

Uniform Law: This section is based upon § 203 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.04. Forms.

(a) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this subchapter applicable to an account of that type:

“UNIFORM SINGLE-OR MULTIPLE-PARTY ACCOUNT FORM

“PARTIES [Name one or more parties]: ________________

“OWNERSHIP [Select one and initial]:

“________ SINGLE-PARTY ACCOUNT

“________ MULTIPLE-PARTY ACCOUNT

“Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.

“RIGHTS AT DEATH [Select one and initial]:

“________ SINGLE-PARTY ACCOUNT

“At death of party, ownership passes as part of party’s estate.

“________ SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION

“[Name one or more beneficiaries]:

“At death of party, ownership passes to POD beneficiaries and is not part of party’s estate.

“________ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP

“At death of party, ownership passes to surviving parties.

“________ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION

“[Name one or more beneficiaries]: ________________

“At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party’s estate.

“________ MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP

“At death of party, deceased party’s ownership passes as part of deceased party’s estate. AGENCY (POWER OF ATTORNEY) DESIGNATION [Optional]

“Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.

“[To add agency designation to account, name one or more agents]:

“________________

“[Select one and initial]:

“________ AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES

“________ AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES”

(b) A contract of deposit that does not contain provisions in substantially the form provided in subsection (a) of this section is governed by the provisions of this subchapter applicable to the type of account that most nearly conforms to the depositor’s intent.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Section References

This section is referenced in § 19-602.03.

Editor's Notes

Uniform Law: This section is based upon § 204 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.05. Designation of agent.

(a) By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party.

(b) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent’s authority survives disability and incapacity. The agent may act for an incapacitated party or a party with a disability until the authority of the agent is terminated.

(c) Death of the sole party or last surviving party terminates the authority of an agent.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(a), 53 DCR 6198.)

Effect of Amendments

D.C. Law 16-305, in subsec. (b), substituted “an incapacitated party or a party with a disability” for “a disabled or incapacitated party”.

Editor's Notes

Uniform Law: This section is based upon § 205 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.06. Applicability of subchapter.

The provisions of part B concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors, and do not apply to the right of those persons to payment as determined by the terms of the account. Part C governs the liability and set-off rights of financial institutions that make payments pursuant to it.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Editor's Notes

Uniform Law: This section is based upon § 206 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


Part B. Ownership as Between Parties and Others.

§ 19–602.11. Ownership during lifetime.

(a) For the purposes of this section, the term “net contribution” of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party which have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term “net contribution” includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.

(b) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties either married to or domestic partners of each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.

(c) A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.

(d) An agent in an account with an agency designation has no beneficial right to sums on deposit.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(q), 53 DCR 1035.)

Section References

This section is referenced in § 19-602.12 and § 19-602.27.

Effect of Amendments

D.C. Law 16-79, in subsec. (b), substituted “As between parties either married to or domestic partners of each other,” for “As between parties married to each other,”.

Editor's Notes

Uniform Law: This section is based upon § 211 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.12. Rights at death.

(a) Except as otherwise provided in this subchapter, on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties. If 2 or more parties survive and one is the surviving spouse or surviving domestic partner of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under section 19-602.11 belongs to the surviving spouse or surviving domestic partner. If 2 or more parties survive and none is the surviving spouse or surviving domestic partner of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under section 19-602.11 belongs to the surviving parties in equal shares, and augments the proportion to which each survivor, immediately before the decedent’s death, was beneficially entitled under section 19-602.11, and the right of survivorship continues between the surviving parties.

(b) In an account with a POD designation:

(1) On death of one of 2 or more parties, the rights in sums on deposit are governed by subsection (a) of this section.

(2) On death of the sole party or the last survivor of 2 or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If 2 or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares, and there is no right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last surviving party.

(c) Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled under section 19-602.11 is transferred as part of the decedent’s estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For the purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.

(d) The ownership right of a surviving party or beneficiary, or of the decedent’s estate, in sums on deposit is subject to requests for payment made by a party before the party’s death, whether paid by the financial institution before or after death, or unpaid. The surviving party or beneficiary, or the decedent’s estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(r), 53 DCR 1035.)

Section References

This section is referenced in § 19-602.03, § 19-602.13, § 19-602.14, § 19-602.15, and § 19-602.22.

Effect of Amendments

D.C. Law 16-79, in subsec. (a), substituted “surviving spouse or surviving domestic partner” for “surviving spouse”.

Editor's Notes

Uniform Law: This section is based upon § 212 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.13. Alteration of rights.

(a) Rights at death under section 19-602.12 are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party’s lifetime.

(b) A right of survivorship arising from the express terms of the account, section 19-602.12, or a POD designation, may not be altered by will.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Editor's Notes

Uniform Law: This section is based upon § 213 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.14. Accounts and transfers nontestamentary.

A transfer resulting from the application of section 19-602.12 is effective by reason of the terms of the account involved and this subchapter and is not testamentary or subject to estate administration.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Editor's Notes

Uniform Law: This section is based upon § 214 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.15. Community property and tenancy by the entireties.

(a) A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to or domestic partners of each other arising from the express terms of the account or section 19-602.12 may not be altered by will.

(b) This subchapter does not affect the law governing tenancy by the entireties.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(s), 53 DCR 1035.)

Effect of Amendments

D.C. Law 16-79, in subsec. (a), substituted “married to or domestic partners of each other” for “married to each other”.

Editor's Notes

Uniform Law: This section is based upon § 216 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


Part C. Protection Of Financial Institutions.

§ 19–602.21. Authority of financial institution.

A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Section References

This section is referenced in § 26-801.

Editor's Notes

Uniform Law: This section is based upon § 221 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.22. Payment on multiple-party account.

A financial institution, on request, may pay sums on deposit in a multiple-party account to:

(1) One or more of the parties, whether or not another party has a disability, is incapacitated, or deceased when payment is requested and whether or not the party making the request survives another party; or

(2) The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account, either as a party or beneficiary, unless the account is without right of survivorship under section 19-602.12.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(b), 53 DCR 6198.)

Effect of Amendments

D.C. Law 16-305, in par. (1), substituted “has a disability” for “is disabled”.

Editor's Notes

Uniform Law: This section is based upon § 222 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.23. Payment on POD designation.

A financial institution, on request, may pay sums on deposit in an account with a POD designation to:

(1) One or more of the parties, whether or not another party has a disability, is incapacitated, or deceased when the payment is requested and whether or not a party survives another party;

(2) The beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties; or

(3) The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account, either as a party or beneficiary.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(c), 53 DCR 6198.)

Effect of Amendments

D.C. Law 16-305, in par. (1), substituted “has a disability” for “is disabled”.

Editor's Notes

Uniform Law: This section is based upon § 223 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.24. Payment to designated agent.

A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party has a disability, is incapacitated, or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(d), 53 DCR 6198.)

Effect of Amendments

D.C. Law 16-305 substituted “has a disability, is” for “is disabled”.

Editor's Notes

Uniform Law: This section is based upon § 224 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.25. Payment to minor.

If a financial institution is required or permitted to make payment pursuant to this subchapter to a minor designated as a beneficiary, payment may be made pursuant to Chapter 3 of Title 21 of the District of Columbia Code.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Editor's Notes

Uniform Law: This section is based upon § 225 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.26. Discharge.

(a) Payment made pursuant to this subchapter in accordance with the terms of the account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment may be made whether or not a party, beneficiary, or agent has a disability, is incapacitated, or deceased when payment is requested, received, or made.

(b) Protection under this section does not extend to payments made after a financial institution has received written notice from a party, or from the personal representative, surviving spouse, or heir or devisee of a deceased party, to the effect that payments in accordance with the terms of the account, including one having an agency designation, should not be permitted, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in a request for payment if the financial institution is to be protected under this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.

(c) A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.

(d) Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(e), 53 DCR 6198.)

Effect of Amendments

D.C. Law 16-305, in subsec. (a), substituted “has a disability, is” for “is disabled”.

Editor's Notes

Uniform Law: This section is based upon § 226 of the Uniform Nonprobate Transfers on Death Act (1991 Act).


§ 19–602.27. Set-off.

Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to set-off against the account. The amount of the account subject to set-off is the proportion to which the party is, or immediately before death was, beneficially entitled under section 19-602.11 or, in the absence of proof of that proportion, an equal share with all parties.


(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)

Editor's Notes

Uniform Law: This section is based upon § 227 of the Uniform Nonprobate Transfers on Death Act (1991 Act).