Legal Question in Wills and Trusts in Arizona

Do I need to open a probate case if my dad's estate only consists of $4000 in a bank account? Money in account will be split by all surviving children. I am the only co-owner of bank account. Sibling upset because they can't access bank account.


Asked on 2/09/12, 8:05 am

1 Answer from Attorneys

Jeremy Claridge Byrne & Benesch

If you are a co-owner and you are willing to abide by your father's wishes, you probably don't need to open probate. At your father's death, that money passes to you. If all of siblings understand the money to be split and there is only $4000, show them the bank statements leading up to your father's death and explain where all of the money went, withdraw it and cut a check to each equally. Remind the one sibling that under the law, because this was a joint account that $4000 is technically yours regardless of a will and you don't have to give them anything.

Read more
Answered on 2/09/12, 8:43 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arizona