Legal Question in Wills and Trusts in Arizona

Re: my husbands 401k

Generally, the successor beneficiary of a pension plan is designated by the employee when the plan is set up, and it could be changed at a later date. If you are the designated beneficiary, then no Will or probate will have any effect, and the designated beneficiary is automatically the owner of the account. You need only show a death certificate.

If there is no designated beneficiary, then the estate is the owner of the account and the beneficiaries will be determined by law. You can apply to the probate court to be appointed Personal Representative of the Estate (executor is the old term).

I can help you with the issues you have raised, if you would like to retain my services.

Re: my husbands 401k

If assets not in joint tenancy or with automatic beneficiary designations exceed the limits for a "small estate" in Arizona, you will need to file a probate case and be appointed Personal Representative of your husband's estate.

We offer free, no-obligation consultations in estate cases to evaluate what would need to be done, and we handle probates in all Arizona counties. You can schedule by calling 480.835.1500, or see another estate attorney.

Best regards,

James D. Jenkins