Forms and Letters: Family Law

questions & answers

Question: My mother passed away with no one as personal representative She put away money to take care of this in a money market with her credit union.Could someone help me as to how I can become her P.R. to take care of this?

Answer: Accounts in banks and credit unions can include POD (payable on death) provisions, which older people often arrange, especially if the account is intended to be used on their passing, as here. In the absence of a POD, and without a Will, Arizona probate courts normally would process this as your mother's "Intestate" (non-Will) property. However, in Arizona, there is a "small estate" court procedure available, which avoids probate and expedites estate distribution, if certain requirements are met.A.R.S. § 14-3971 You can obtain the court forms online. The major requirements for small estate process, which can be used without an attorney, are that: • the claimant be related to the decedent or have a legal interest in the decedent’s property, • the value of decedent's Arizona real property (market value minus loans) is $100,000 or less, and the value of other assets is $75,000 or less (as of 2015) and, • the applicable post-death waiting periods have passed (minimum 30 days; 6 months if real property involved).