Legal Question in Wills and Trusts in Illinois

It would depend on whether the funds are the decedent's or the other individual's. If the funds in the account were placed there by the decedent then the money will be distributed according to the Illinois's Probate code for intestate succession.

I respectfully disagree with the Palmer answer. If the account is in joint tenancy then the surviving joint tenant is entitled to the account. Joint tenancy trumps a will.

There are exceptions. If a disgruntled legatee under the will can prove that the joint tenancy was established only as a "convenience" so you could help out with paying the bills then the joint tenancy can be set aside. But it is very tough to prove.

But it is incorrect to say that it depends on whose money funded the account. A person can use joint tenancy as an estate planning tool to pass wealth at death without probate. It is a poor method for many reasons in my opinion but people use it all the time.

To add to Mr. Turza's response, if you are not the joint tenant but instead you are named as the beneficiary on the account, you are also entitled to the funds from the account. However, in that case, you will have to provide the paperwork the bank requests to release the funds to you.