Under majority rule, the determination of whether a bank account with a survivor co-signer is a probate asset depends on what factor?

• A. The decedent's intention at the time the co-signer was added regarding survivorship.
• B. The bank's policies.
• C. The will's statements.
• D. The size of the estate.

Answer: (A)

The key idea is that the decision about whether a bank account with a survivor co-signer is treated as a probate asset hinges on the decedent’s intent when the co-signer was added.

If the decedent intended that the survivorship feature would operate—so the survivor automatically owns the account upon death—then the funds pass outside probate and are not part of the decedent’s estate. If, instead, the decedent did not intend survivorship to control the transfer (for example, wishing the will or intestate rules to determine who gets the funds), the decedent’s interest remains part of the estate and would go through probate.

Bank policies, statements in the will, or the estate’s size don’t by themselves determine the outcome under the majority rule; what matters is what the decedent intended at the time the co-signer was added and whether survivorship was meant to apply.