Detailed Answer
When someone dies, their bank accounts become part of the estate. If co-heirs refuse to cooperate, you must obtain court authority to secure or freeze those accounts. In Arizona, probate is governed by Title 14 of the Arizona Revised Statutes (A.R.S.).
1. File a Petition for Probate or Appointment of a Personal Representative
Submit a petition with the superior court in the decedent’s home county to probate a will (if one exists) or to appoint a personal representative in intestacy. This petition lists heirs, assets and creditors. See A.R.S. §14-3101 (link).
2. Obtain Provisional or Regular Letters of Authority
If co-heirs won’t sign waivers of bond or appointment, request provisional letters of administration under A.R.S. §14-3106(B) (link). Otherwise, once appointed, the court issues:
- Letters Testamentary (when there’s a will)
- Letters of Administration (intestate estates)
3. Gather Required Documentation
- Certified Death Certificate — Obtain from Arizona Department of Health Services. See A.R.S. §36-339.01 (link).
- Certified Letters — Present the court order and your Letters Testamentary or Letters of Administration. See A.R.S. §14-3201 (link).
- Copy of the Will — If probating a will, provide the filed copy. See A.R.S. §14-3201.
- Court Order Granting Provisional Authority — Include any order under A.R.S. §14-3106 if you requested special powers.
- Personal Identification — Bring your government-issued ID as the appointed representative.
4. Present Documents to the Bank
Submit the death certificate and certified letters to each financial institution. Request that the bank place a freeze or restriction on account withdrawals. Many banks offer their own freeze forms once you provide certified court documents.
5. Seek a Court Freeze Order (If Necessary)
If the bank refuses or co-heirs threaten to dissipate assets, file a motion for an injunctive or conservatory order in probate court. Cite A.R.S. §14-3713 (link), which empowers the court to protect estate property.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Initiate probate quickly to limit unauthorized withdrawals.
- Keep certified court documents; banks often reject uncertified copies.
- Consider a small-estate affidavit (A.R.S. §14-3901) if total assets are under $75,000.
- Attend the initial hearing even if co-heirs don’t appear; the court can act ex parte.
- Consult a probate attorney if you expect complex disputes or large estates.