questions & answers

Question: My son passed away June 17, 2016, he was 32 years old. He had never married and had no children. His only asset is a checking account at our local credit union. He had no co owner on the account and did not set up a beneficary. We believe there is under $2000 in the account and would like to close it out and just donate the funds. Since he had no Will and we do not have the money to open probate, is there any other option for us?

Answer: Yes, there are options under Arizona law.  A person who passed away without a Will, was not married, and had no children, ownership of his estate is governed by Arizona law on intestate succession.  A.R.S. Section 14-2103 sets out the order of succession.  If there is no spouse and no children or grandchildren, the parents are next in line to inherit.  In Arizona, probate is not required for estates that are less than $75,000.  A.R.S. 14-2103 allows for collecting personal property (like bank accounts) by affidavit in small estates that are less the limit.  Go to the website for the Maricopa County Superior Court to obtain forms and instructions to assist you.  When you are on the website for Superior Court of Arizona, Maricopa County, click on “self-help forms” in the upper left hand corner.  Then select probate.  On the next screen, click on “Small Estate Transfers.”  You will find the appropriate forms and detailed instructions there.