Death question?

If her name is on the account she is assumed to be co-owner of the account. That account should not go through probate and that account becomes hers alone (not part of the estate). I was in that position when my Dad passed. I used the money in the account to pay my dad's bills and put the remaining money back into the estate (I was not obligated to do that but felt it was the ethical thing to do).

sorry to hear about your dad :(

i would talk to the bank about it

How long her name has been on the account doesn't matter legally.

What matters is HOW her name is listed on the account.

Is the account 'payable on death' to her?

Is she a co-owner with right of survivorship?

More than likely the account passes to her outside of probate, but that can't be determined base only on what you state here.

It depends on what your dad did.

One can have signing authority for checks, but no ownership.

Or, one can be listed as POD or TOD. (Payable or transfer on death.

Or, one can be a true joint account holder.

Sorry for your loss. It cannot go through probate because your sister is alive and it is now her money. Only assets that were your fathers and not jointly owned with someone else, who is living, need to go through probate.

i would talk to the bank about it

No. She has full rights to the account if her name is on it. She should, however, be prepared to use the money to help pay off any final expenses, such as medical bills and the like.