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A.R.S. § 14-6204

Standard Form for Multi-Party Bank Accounts

Verified April 4, 202657th Legislature, 1st Regular Session

The law provides a standard form that banks and financial institutions can use when opening single-party or multi-party accounts. The form covers ownership structure, survivorship rights, pay-on-death designations, and agency designations. The account type is set by the selections made on the form.

Title 14, NONPROBATE TRANSFERS

azleg.gov

What the Standard Form Covers

When you open or restructure a bank account, the form you sign determines exactly how the account is classified. The law provides a sample form that lays out the key choices in plain terms. You select the ownership type, decide what happens at death, and optionally designate an agent.

A contract of deposit that contains provisions in substantially the following form establishes the type of account provided. The account is governed by the requirements of this section that are applicable to that account of that type.

A.R.S. § 14-6204(A)

The form walks through four decisions. First, whether the account is single-party or multi-party. Second, what happens when a party dies: does the balance pass through the estate, transfer to a named beneficiary, or go to the surviving co-owner? Third, whether a pay-on-death beneficiary should be named. Fourth, whether an agent should be designated and whether that agent's authority survives the owner's incapacity.

When the Account Form Does Not Match

Not every financial institution uses the exact sample form. Some banks have their own signature cards with different language. The statute accounts for that. If the form does not match the statutory sample, the account is still governed by whichever account type most closely matches what the depositor intended.

A contract of deposit that does not contain provisions in substantially the form provided in subsection A is governed by the requirements of this article that are applicable to the type of account that most nearly conforms to the depositor's intent.

A.R.S. § 14-6204(B)

This matters because the form you signed years ago may not use the exact statutory language, but it still carries legal weight. If a dispute arises about whether an account has survivorship rights or a valid pay-on-death designation, courts look at the depositor's intent as expressed in whatever form was actually signed.

14-6204. Sample forms A. A contract of deposit that contains provisions in substantially the following form establishes the type of account provided. The account is governed by the requirements of this section that are applicable to that account of that type: Uniform Single or Multiple Party Account Form Parties (Name one or more parties): Ownership (Select one and initial): _____ single party account _____ multiple party account Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent. Rights at death (select one and initial): _____ single party account - At death of party, ownership passes as part of party's estate. _____ single party account with POD (pay on death) designation - At death of party, ownership passes to POD beneficiaries and is not part of party's estate. _____ multiple party account with right of survivorship - At death of party, ownership passes to surviving parties. _____ multiple party account with right of survivorship and POD (pay on death) designation - At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate. _____ multiple party account without right of survivorship - At death of party, deceased party's ownership passes as part of deceased party's estate. Agency (power of attorney) designation (optional) Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries. (Select one and initial): _____ agency designation survives disability or incapacity of parties _____ agency designation terminates on disability or incapacity of parties B. A contract of deposit that does not contain provisions in substantially the form provided in subsection A is governed by the requirements of this article that are applicable to the type of account that most nearly conforms to the depositor's intent.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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