R.S. 6:314

Trust deposits; death of depositor; payment ACTIVE

A. Upon the death of a depositor who has deposited a sum in any bank account evidencing by the depositor's signature an intention that upon the death of the depositor, the funds shall belong to one or more named beneficiaries of the depositor, the bank may pay the deposit, together with the dividends or interest accruing thereto, to the named beneficiaries for whom the deposit was made. Upon receiving a death certificate, the bank may disburse funds to the named beneficiaries. The beneficiaries shall be specifically named in the deposit account records of the bank.

B. The title of such an account must include the terms "in trust for", "as trustee for", or "payable on death to", such beneficiary or beneficiaries. Such beneficiaries must be specifically named in the deposit account records of the bank.

C. Repealed by Acts 2009, No. 499, §2.

D.(1) When an account described in Subsection A of this Section is established by more than one depositor, the respective interests of each depositor shall be deemed equal to that of each other depositor, unless otherwise stated in the bank's deposit account records.

(2) When an account described in Subsection A of this Section is established for more than one beneficiary, the respective interests of each shall be deemed equal to that of each other beneficiary, unless otherwise stated in the bank's deposit account records.

E. No bank paying a beneficiary in accordance with this Section shall be liable to the estate or any heir of the decedent nor shall the account holder be liable for any estate or succession taxes which may be due the state, and delivery of the funds shall constitute a full and complete discharge of the bank for the payment or delivery so made and shall relieve the bank from all adverse claims thereto by a person claiming as a surviving or former spouse or a successor to such a spouse. No tax collector, creditor, heir, legatee, personal representative, or any other person shall have any right or cause of action against the financial institution on account of such payment.

F. The provisions of this Section shall apply notwithstanding the fact the decedent designates a beneficiary by last will and testament. The provisions of this Section shall not prohibit any right of forced heirship or the collation or collection of funds due any spouse, heir, legatee, creditor, or other person having rights or claims to funds of the deceased depositor.

Actions

References

None.

Cited by

History

  • enactment Acts 1984, No. 719, §1, eff. Jan. 1, 1985
  • amendment Acts 1991, No. 535, §1
  • amendment Acts 1999, No. 633, §1, eff. July 1, 1999
  • amendment Acts 2009, No. 499, §1
  • amendment Acts 2009, No. 499, §2
  • amendment Acts 2016, No. 166, §1
  • amendment Acts 2022, No. 257, §1
  • amendment Acts 2024, No. 84, §1

Section navigation

Cite R.S. 6:314

Bluebook
La. Rev. Stat. Ann. § 6:314 (2026).
Permalink
https://theusufruct.com/rs/title-6/section-314
BibTeX
@misc{larevstat-6-314,
  title        = {La. Rev. Stat. Ann. § 6:314},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-6/section-314},
  note         = {Snapshot 2026-05-22}
}