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Information Forms - Wills & Trusts

 

Avoiding Probate Without A Living Trust

Bank Accounts;   Add a “POD” to your accounts (payable on death) upon the demise of the survivor on the account(s), identifies the new owners.

Beneficiary Deed;   Add beneficiary to real estate deed owned by the grantor, filed with county recorder where property is located.    Deeds can include the relationship, e.g. JTROS /CPROS (joint tenancy with rights of survivorship; community property with rights of survivorship).  Survivor of the union, partnership, marriage assumes ownership of property.

Automobiles; Complete MVD Beneficiary Designation (www.azdot.gov)

Stock Certificates;   Contact your broker to be sure that the beneficiaries are correctly identified, e.g.  primary is your spouse, secondary are your children.

Insurance policies:  Contact your agent to be sure that the beneficiaries are correctly identified, e.g.  primary is your spouse, secondary are your children.

Retirement Accounts:  Contact your broker or account custodian to be sure that the beneficiaries are correctly identified, e.g.  primary is your spouse, secondary are your children.

Affidavit of Transfer for Small Estates:  If most of an estate can be distributed by non-probate transfers, then the beneficiary may be able to claim the rest by affidavit, bypassing probate. Small probate estate has no more than $100K of real property and can be filed six months after the death of the decedent.

No more than $75K personal property (bank accounts, mutual funds, uncashed checks, etc) can be filed 30 days after death.

This document for information only and can be accessed through multiple sources.  It is not to be construed or interpreted as legal advice.

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