Legal Question in Wills and Trusts in Arizona
Assets in bank account of deceased not in trust
I need to find a form to submit to a bank that holds money in an account that was not included in our trust. Owner of bank account is deceased and I am sole survivor of the trust and need the money to settle her funeral costs.
2 Answers from Attorneys
Re: Assets in bank account of deceased not in trust
Depending on the value of the bank account and the decedent's probate assets, you can do this with an affidavit. Go to the following website and look at "Small Estate Transfers"
http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/ProbateCases/
Re: Assets in bank account of deceased not in trust
There is no such form, and the deceased cannot sign or transfer the money in the account. Possibly, there is a pay on death designation signed by the decedent, and if so, that is the person who now owns the account. If not, the account would be part of the deceased's probate estate, and would be governed by the deceased's Last Will or the law of intestate succession.
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