Mesa, AZ asked in Probate for Arizona

Q: other than death certificate what is needed to close out a bank account

my son is closest blood relative all property went to him automatically, no will

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1 Lawyer Answer
Kai Michael Henderson
Kai Michael Henderson
Answered
  • Probate Lawyer

A: Unfortunately this could be a difficult process. You should ask the bank if the Decedent filed a "Transfer on Death" or "Pay on Death" designation to your son. Without this designation you may have to go through the probate process, but sometimes not.

Arizona provides an exemption for small estates. A.R.S. Sec. 14-3971 provides in part:

"B. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor and stating that all of the following are true:

1. Thirty days have elapsed since the death of the decedent.

2. Either:

(a) An application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed seventy-five thousand dollars as valued as of the date of death.

(b) The personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed seventy-five thousand dollars as valued as of the date of the affidavit.

3. The claiming successor is entitled to payment or delivery of the property."

You will need to do an inventory of the estate to establish if you fall under any applicable exemptions. There may also be complications from other creditors of the estate. To really untangle the issues it would be best to hire the services of an attorney to see if the exemption applies and you can move forward. On a side note, you should also check with any former employers or others to see if the Decedent had any life insurance that might be owing.

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