Account Terms Control, Not the Probate Code
Arizona draws a clear line between assets that pass through a will and assets that pass by operation of the account agreement. When funds in a joint or pay-on-death account transfer to a surviving party under A.R.S. 14-6212, that transfer stands on its own.
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. § 14-6214This single sentence carries significant weight. It means the transfer does not go through probate. It cannot be challenged on the grounds that it should have been executed as a will. And it is not governed by the rules that apply to testamentary documents.
What This Means for Your Estate Plan
Because these transfers happen outside the probate process, they are often faster and simpler for surviving family members. No court involvement is required. 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 If an account is titled incorrectly or a beneficiary designation is outdated, the transfer still happens, just not the way you intended. A properly coordinated estate plan reviews every account title, every beneficiary designation, and every survivorship arrangement to make sure they align with your overall wishes.
For families using a living trust, the question becomes whether each account should be held in the trust or rely on these statutory transfer rules instead. Both approaches avoid probate, but a trust provides more control over timing, conditions, and distributions.
