Payable-on-Death Deposit-Account Beneficiary Rules in Louisiana
At a glance
| Accounts covered | Bank deposits (§ 6:314), savings-association accounts (§ 6:766.1), federal or state credit-union shares (§ 6:653.1); savings banks may use bank or association POD procedure (§ 6:1255(D)). |
|---|---|
| How the POD designation is made | Bank and association accounts require signed depositor intent, specifically named beneficiaries in records, and “in trust for,” “as trustee for,” or “payable on death to” title wording. Credit-union section requires recorded named beneficiaries and evidenced member intent (§§ 6:314(A)-(B), 6:766.1(A)-(B), 6:653.1(A)). |
| Who may be named | One or more specifically named beneficiaries in account or share records; these sections do not list beneficiary classes (§§ 6:314(A), 6:766.1(A), 6:653.1(A)). |
| Owner and beneficiary rights before death | Each provision makes named beneficiaries eligible for funds upon the depositor’s or member’s death; the POD language does not give the beneficiary a stated predeath withdrawal right (§§ 6:314(A), 6:766.1(A), 6:653.1(A)). |
| Joint owner's priority over payee | Multiple depositors or members have equal interests unless institution records state otherwise; savings-bank written joint-survivorship agreement separately governs its joint account (§§ 6:314(D)(1), 6:766.1(D)(1), 6:653.1(D)(1), 6:1255(A)). |
| If a payee dies first | POD payment follows the named beneficiary records after depositor death; the three POD sections do not state a default allocation if a beneficiary died first (§§ 6:314(A), 6:766.1(A), 6:653.1(A)). |
| Shares among surviving payees | Beneficiaries are deemed to have equal interests unless bank, association, or credit-union records state otherwise (§§ 6:314(D)(2), 6:766.1(D)(2), 6:653.1(D)(2)). |
| Changing the designation or using a will | Savings-bank law acknowledges revocation or beneficiary change without changing the account’s POD character. POD provisions give no general change form; they apply despite a different will beneficiary (§§ 6:1255(B), 6:314(F), 6:766.1(F), 6:653.1(F)). |
| Proof, payment, and bank discharge | Death certificate permits bank, association, or credit-union payment to named beneficiaries, with statutory institutional discharge; bank law preserves separate forced-heirship and other fund claims (§§ 6:314(A), (E)-(F), 6:766.1(A), (E), 6:653.1(A), (E)). |
Requirements one by one
Which institution and what designation
Louisiana banks use § 6:314, savings associations use § 6:766.1, and federal or state credit unions use § 6:653.1. A savings bank may offer POD accounts under either the bank or association procedure (§ 6:1255(D)).
For a bank or savings association, the account must evidence the depositor’s signed intent to benefit one or more persons at death. Beneficiaries must be specifically named in the account records, and the title must use “in trust for,” “as trustee for,” or “payable on death to” (§§ 6:314(A)-(B), 6:766.1(A)-(B)). The credit-union provision instead speaks of the member’s evidenced intent and specifically named beneficiaries in share records; its current text does not repeat the bank and association signature-and-title wording (§ 6:653.1(A)).
Owner interests and beneficiary shares
The POD provisions authorize payment after the depositor or member dies; they do not grant named beneficiaries a predeath right to withdraw (§§ 6:314(A), 6:766.1(A), 6:653.1(A)). Where several depositors or members establish an account, their interests are equal unless the institution’s records state otherwise (§§ 6:314(D)(1), 6:766.1(D)(1), 6:653.1(D)(1)). For savings banks, a separate written agreement making a joint account payable to either owner or the survivor establishes joint survivorship (§ 6:1255(A)). The three POD statutes do not prescribe a universal survivor-first order for multiple depositors; the account records and any applicable joint-survivorship agreement matter.
Several POD beneficiaries have equal interests unless the bank, association, or credit-union records state other shares (§§ 6:314(D)(2), 6:766.1(D)(2), 6:653.1(D)(2)). The provisions direct payment to named beneficiaries after death, but do not prescribe a substitute-beneficiary rule if one named person dies before the depositor (§§ 6:314(A), 6:766.1(A), 6:653.1(A)). The records and any separate entitlement claim therefore need review in that situation.
Changes, will, and payment
Savings-bank § 6:1255(B) acknowledges that revocation or beneficiary change does not alter the account’s character as a POD account. The three POD sections require specifically named beneficiaries in institution records but do not set out a general amendment form (§§ 6:314(A)-(B), 6:766.1(A)-(B), 6:653.1(A)). Their rules apply even if a decedent names a beneficiary in a will (§§ 6:314(F), 6:766.1(F), 6:653.1(F)). Bank § 6:314(F) expressly preserves forced-heirship, collation, and other rights or claims to the deceased depositor’s funds.
After receiving a death certificate, each institution may pay the named beneficiary under its section (§§ 6:314(A), 6:766.1(A), 6:653.1(A)). Payment in accordance with the applicable provision discharges that institution from the stated estate, heir, and adverse claims (§§ 6:314(E), 6:766.1(E), 6:653.1(E)). The bank discharge coexists with the separate claims preserved by § 6:314(F).
What trips people up
Do not apply the bank’s signature and account-title requirements automatically to a credit-union share: § 6:653.1(A) states a different credit-union formulation. A savings bank may choose either the bank or association POD procedure under § 6:1255(D).
Equal payee interests are a default tied to institution records. Each of §§ 6:314(D)(2), 6:766.1(D)(2), and 6:653.1(D)(2) allows those records to state different interests.
Common questions
Does the institution need a death certificate? Each POD statute authorizes disbursement upon receiving one (§§ 6:314(A), 6:766.1(A), 6:653.1(A)).
Can a will naming someone else control the institution’s POD payment? The POD provisions apply despite a will naming a beneficiary (§§ 6:314(F), 6:766.1(F), 6:653.1(F)); bank § 6:314(F) preserves separate fund claims.
Must two beneficiaries split equally? That is the default unless the institution’s records state otherwise (§§ 6:314(D)(2), 6:766.1(D)(2), 6:653.1(D)(2)).
Statutes and sources
The verbatim statutory passages and current official section URLs appear above; accessed October 8, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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