A Totten trust is a bank account in which the owner designates a beneficiary of the balance of the account (funds) that is payable on death (POD) of the account owner—also known as a POD account. POD accounts are widely used because they are an easy way to transfer assets at the death of the owner without going through probate proceedings—in other words, the beneficiary designation on the POD account makes the account a nonprobate asset, as it passes outside of probate.
The beneficiary designation made by a POD account owner is revocable and may be changed at any time before the death of the owner. The beneficiary designation confers no ownership interest in the account during the lifetime of the account owner.
The name Totten trust for what are now widely known as POD accounts came from a 1904 court case in New York in which the court approved the transfer of a bank account balance (through designation of a beneficiary) at the death of the owner. The court referred to the account with a beneficiary designation as a tentative trust—now known as a revocable trust.
In Michigan, a Totten trust, commonly referred to as a Payable on Death (POD) account, is a convenient mechanism for nonprobate transfer of assets. The account owner names a beneficiary who will receive the funds in the account upon the owner's death, bypassing the probate process. This beneficiary designation is revocable, allowing the account owner to change the beneficiary at any time prior to their death. The beneficiary has no rights to the funds while the account owner is alive. Michigan law recognizes these designations under the Michigan Estates and Protected Individuals Code (EPIC), which provides the legal framework for such transfers. POD accounts are a simple estate planning tool that can be set up at most financial institutions and are governed by both state law and the policies of the financial institution where the account is held.