FAQ: Jointly Held Bank Accounts and Property After an Intestate Death in Arizona

Scope: This article explains how jointly titled bank accounts and other owned property typically pass after a person dies without a will (intestate) under Arizona law. It uses plain language and short hypotheticals so a reader with no legal background can understand the common outcomes and practical steps to take.

Quick legal disclaimer

This is general information, not legal advice. I am not a lawyer. Laws change and every case is different. For advice about a specific situation, consult a licensed Arizona probate or estate lawyer.

Detailed answer — how ownership passes in Arizona when someone dies without a will

What happens depends mostly on how the asset is titled and whether Arizona’s intestacy rules apply. There are three common pathways by which property passes at death:

1. Automatic right-of-survivorship or named beneficiary (asset passes outside probate)

   Some property moves immediately to a survivor without going through probate if the ownership document or contract creates a survivorship right or names a beneficiary. Common examples:

   • Joint tenancy with right of survivorship / Joint bank accounts: If an account or deed is titled so that the co-owner has a right of survivorship, the surviving owner generally becomes full owner automatically when the other dies. Banks and title companies typically require a certified death certificate and identification before they change their records, but they honor survivorship ownership rather than applying intestate rules.
   • Payable-on-death (POD) or Transfer-on-death (TOD) designations: If an account or security names a POD or TOD beneficiary, the asset passes directly to that beneficiary when the owner dies, avoiding probate.
   • Community property with right of survivorship: Arizona is a community-property state. Spouses can hold property as community property with right of survivorship; when properly titled that way, the surviving spouse takes the property outright on the other spouse’s death.
2. Property without survivorship or beneficiary language (may go through probate)

   If the decedent owned property in a form that does not create an automatic survivorship right (for example, tenancy in common, or sole ownership without a beneficiary), that decedent’s share becomes part of the probate estate and passes under Arizona’s intestacy rules.

   Arizona’s probate and intestate succession laws are in the Arizona Probate Code (Title 14, Arizona Revised Statutes). Distribution depends on which relatives survive the decedent (spouse, children, parents, siblings, etc.). For a general legal overview, see the Probate Code: Arizona Revised Statutes, Title 14 (Probate), and the Arizona Courts summary on intestate succession: Arizona Courts — Intestate Succession.

   Examples (hypotheticals):

   • If a person owns a house as tenants in common with a friend, the decedent’s share does not automatically pass to the friend. The decedent’s share is distributed under intestacy or a will.
   • If a person owns a checking account alone and did not name a POD beneficiary, the bank will not release funds until someone with authority (personal representative) collects them, usually after probate or under a small‑estate procedure.
3. Small estate procedures and simplified collections

   Arizona provides streamlined ways to collect small estates or specific kinds of assets without full formal administration. Which procedures apply and the dollar thresholds change from time to time, and courts have forms and guidance. For practical self-help information, see the Arizona Courts probate resources: Arizona Courts — Probate Self-Help.

Practical sequence of what typically happens after a death

1. Obtain multiple certified copies of the death certificate (banks and other institutions will ask for them).
2. Check titles and account agreements. Look for phrases like “joint tenant with right of survivorship,” “POD,” “TOD,” or “community property with right of survivorship.”
3. Contact financial institutions to learn their document requirements to transfer or close accounts. If survivorship or POD/TOD applies, the institution will usually transfer assets once they see a death certificate and ID for the survivor/beneficiary.
4. If an asset has no survivorship or beneficiary and the total estate requires administration, start probate (formal or simplified) so a personal representative can collect assets and distribute them under Arizona’s intestacy laws.

Common misunderstandings

• People often assume any jointly titled account belongs entirely to the survivor. That is true only when the joint title creates a right of survivorship. If the title is tenancy in common, the decedent’s share does not pass automatically to the co-owner.
• Having a name on a deed or account does not automatically mean the person can act as the estate administrator. Banks may pay a surviving joint owner, but collecting other assets often requires formal authority.
• A will controls distribution only if it exists. If there is no will, the probate court follows Arizona’s intestacy rules.

Helpful hints — what you can do now

• Locate the death certificate and get several certified copies.
• Gather the decedent’s documents: bank statements, account agreements, deeds, insurance policies, and any paperwork showing POD/TOD beneficiaries or trust documents.
• Check how each bank account or property is titled. If it says “JTWROS,” “joint tenant with right of survivorship,” or names a POD/TOD beneficiary, that item likely passes outside probate.
• Call the bank or institution and ask what they require to transfer funds after death. Ask whether the account is treated as having survivorship.
• If the estate appears simple and small, ask about the Arizona small‑estate or summary procedures on the Arizona Courts website to see if probate can be avoided: Arizona Courts — Probate Self-Help.
• If property titles are unclear or heirs disagree, consult a probate attorney. Conflicts over title, community property, or whether a transfer is valid often require legal help.
• Keep thorough records and copies of everything you send to banks or the court. Financial institutions and courts will require documentation.

When to get an attorney

Consider hiring a probate attorney if:

• The estate has significant assets or debts.
• Titles are ambiguous (for example, is the property community property or tenancy in common?).
• Heirs dispute what happens to property or the meaning of account titles.
• Creditors or complex tax issues may be involved.

Where to read the actual Arizona law

Arizona’s probate and intestacy rules are in the Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14. The Arizona Courts provide plain‑language guides to intestate succession and probate processes: https://www.azcourts.gov/selfhelp/Probate/Intestate-Succession and https://www.azcourts.gov/selfhelp/Probate.

Final note: Titles and beneficiary designations determine many outcomes. If titling is ambiguous or family members disagree, a local Arizona probate attorney can review documents and explain the required steps for transfer, probate, or contest.