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A.R.S. § 14-6214

Nontestamentary Bank Transfers at Death

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

When a joint bank account or payable on death (POD) account passes to a surviving party, that transfer is not a testamentary act. It happens because of the account terms, not a will. It is not subject to probate.

Title 14, NONPROBATE TRANSFERS

azleg.gov

Account Terms Control, Not the Probate Code

The law draws a clear line between assets that pass through a will and assets that pass by the account agreement. When funds in a joint or payable on death (POD) account transfer to a surviving party under A.R.S. 14-6212, that transfer stands on its own. Both account holders and their families benefit from this distinction.

A transfer of an account pursuant to section 14-6212 is effective by reason of the terms of the account involved and is not testamentary or subject to chapters 1 through 4 of this title.

A.R.S. § 14-6214

This single sentence carries real weight. The transfer does not go through probate. It cannot be challenged on the grounds that it should have been executed as a will. It is not governed by the rules that apply to testamentary documents.

What This Means for Your Estate Plan

These transfers happen outside the probate process. They are often faster and simpler for surviving family members. No court involvement is needed. The surviving party typically needs only a death certificate and identification to access the funds.

But this simplicity cuts both ways. If an account is titled incorrectly or a beneficiary designation is outdated, the transfer still happens. It just may not go the way you intended. A properly coordinated estate plan reviews every account title and every beneficiary designation.

For families using a living trust, the question becomes whether each account should be held in the trust or rely on these nontestamentary transfer rules instead. Both approaches avoid probate. A trust provides more control over timing, conditions, and distributions.

This rule also applies to personal property held in joint ownership and payable on death accounts at banks and credit unions. Unlike a beneficiary deed used for real estate, these account transfers require no recording. They happen automatically when the last account holder passes away. Families with a small estate may find these transfers cover most of their assets without any court filing at all.

14-6214. Accounts; transfers; nontestamentary effect A transfer of an account pursuant to section 14-6212 is effective by reason of the terms of the account involved and is not testamentary or subject to chapters 1 through 4 of this title.

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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