USA Statutes : arizona
Title : Trusts, Estates and Protective Proceedings
Chapter : NONPROBATE TRANSFERS
14-6101 Nonprobate transfers on death; nontestamentary nature
A. A provision for a nonprobate transfer on death in any insurance policy, contract
of employment, bond, mortgage, promissory note, certificated or uncertificated security,
account agreement, custodial agreement, deposit agreement, compensation plan, pension
plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift,
marital property agreement or other written instrument of a similar nature is
B. A written instrument is nontestamentary if it contains a provision that:
1. Money or other benefits due to, controlled by or owned by a decedent before
death shall be paid after the decedent's death to a person whom the decedent designates
either in the instrument or in a separate writing, including a will, executed either
before or at the same time as the instrument, or later.
2. Money due or to become due under the written instrument ceases to be payable in
the event of death of the promisee or the promisor before payment or demand.
3. Any property that is controlled by or owned by the decedent before death and
that is the subject of the written instrument passes to a person the decedent designates
either in the written instrument or in a separate writing, including a will, executed
either before or at the same time as the instrument or later.
C. This section does not limit rights of creditors under other laws of this state.
14-6102 Nonprobate transferees; liability for creditor claims and statutory allowances
A. Except as otherwise provided by law, a transferee of a nonprobate transfer is
subject to liability to the decedent's probate estate for allowed claims against the
decedent's probate estate and statutory allowances to the decedent's spouse and children
to the extent the decedent's probate estate is insufficient to satisfy those claims and
allowances. The liability of a nonprobate transferee may not exceed the value of
nonprobate transfers received or controlled by that transferee.
B. Nonprobate transferees are liable for the insufficiency described in subsection
A of this section in the following order:
1. As provided in the decedent's will or any other governing instrument.
2. To the extent of the value of the nonprobate transfer received or controlled by
the trustee of a trust serving as the principal nonprobate instrument in the decedent's
estate plan as shown by its designation as devisee of the decedent's residuary estate or
by other facts or circumstances.
3. Other nonprobate transferees, in proportion to the values received.
C. Unless otherwise provided by the trust instrument, interests of beneficiaries in
all trusts that incur liabilities under this section abate as necessary to satisfy the
liability as if all of the trust interments were a single will and the interest were
devises under it.
D. A provision made in one instrument may direct the apportionment of the liability
among the nonprobate transferees taking under that or any other governing instrument. If
a provision in one instrument conflicts with a provision in another instrument, the later
E. On due notice to a nonprobate transferee, the liability imposed by this section
is enforceable in proceedings in this state, wherever the transferee is located.
F. A proceeding under this section may not be commenced unless the personal
representative of the decedent's estate has received from the surviving spouse or a child
to the extent that statutory allowances are affected, or from a creditor, a written
demand for the proceeding. If the personal representative declines or fails to commence a
proceeding after demand, a person making the demand may commence the proceeding in the
name of the decedent's estate, at the expense of the person making the demand and not of
the estate. A personal representative who declines in good faith to commence a requested
proceeding incurs no personal liability for declining.
G. A proceeding under this section must be commenced within two years after the
decedent's death, but a proceeding on behalf of a creditor whose claim was allowed after
proceedings challenging disallowance of the claim may be commenced within sixty days
after final allowance of the claims.
H. Unless a written notice asserting that a decedent's probate estate is
insufficient to pay allowed claims and statutory allowances have been received from the
decedent's personal representative, the following rules apply:
1. Payment or delivery of assets by any financial institution, registrar or other
obligor to a nonprobate transferee in accordance with the terms of the governing
instrument controlling the transfer releases the obligor from all claims for amounts paid
or assets delivered.
2. A trustee receiving or controlling a nonprobate transfer is released from
liability under this section on any assets distributed to the trust's beneficiaries.
Each beneficiary to the extent of the distribution received becomes liable for the amount
of the trustee's liability attributable to that asset imposed by subsections B and C of
I. For the purposes of this section a nonprobate transfer is a valid transfer
effective at death, other than a transfer of a survivorship interest in a joint tenancy
of real estate, by a transferor whose last domicile was in this state, and to the extent
that the transferor immediately before death had power, acting alone, to prevent the
transfer by revocation or withdrawal and to instead use the property for the benefit of
the transferor or apply it to discharge claims against the transfer's probate estate.
With respect to multiple party accounts, the portion of the account that is a nonprobate
transfer is that portion of that account to which the decedent was beneficially entitled
immediately before death pursuant to section 14-6211.
14-6103 Notice of death of settlor; filing claim against trust estate A. After the death of the settlor the trustee of a nontestamentary trust may notify known creditors pursuant to section 14-3801, subsection B and may publish notice to creditors pursuant to section 14-3801, subsection A. B. A claim against the trust estate that arose before the settlor's death, including claims of the state or any of its political subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, if not barred against the trust estate by any other statute of limitations or nonclaim statute, are barred against the trust estate, the trustee and the beneficiaries of the trust, unless presented within the time prescribed in the written notice for creditors who are given actual notice, or within the time prescribed in the published notice for creditors who are given notice by publication. C. A claim under this section may be presented as follows: 1. The claimant may deliver or mail to the trustee a written statement of the claim indicating the information prescribed in section 14-3804. 2. If the trustee has distributed the trust estate to beneficiaries of the trust, the trustee shall mail or deliver the claim to any beneficiary that may be liable for the claim because of the receipt of trust assets by that beneficiary. 3. If a claim is presented in a timely manner, section 14-6102 applies. D. The trustee is not liable to a creditor or to any beneficiary of the trust for giving or failing to give notice under this section. 14-6201 Definitions
In this article, unless the context otherwise requires:
1. "Account" means a contract of deposit between a depositor and a financial
institution and includes a checking account, savings account, certificate of deposit and
2. "Agent" means a person who is authorized to make account transactions for a
3. "Beneficiary" means a person to whom sums on deposit in an account are payable
on request after the death of all parties or for whom a party is named as a trustee.
4. "Financial institution" means an organization authorized to do business under
state or federal laws relating to financial institutions and includes a bank, trust
company, savings bank, building and loan association, savings and loan company or
association and credit union.
5. "Multiple party account" means an account payable on request to one or more of
two or more parties, whether or not a right of survivorship is mentioned.
6. "Party" means a person who, by the terms of an account and subject to a request,
has a present right other than as a beneficiary or agent to payment from the account.
7. "Pay on death designation" or "POD" means the designation of:
(a) A beneficiary in an account payable on request to one party during the party's
lifetime and on the party's death to one or more beneficiaries or to one or more parties
during their lifetimes and on the death of all of them to one or more beneficiaries.
(b) A beneficiary in an account in the name of one or more parties as trustee for
one or more beneficiaries if the relationship is established by the terms of the account
and there is no subject of the trust other than the sums on deposit in the account,
whether or not payment to the beneficiary is mentioned.
8. "Payment" or "payable" as it relates to sums on deposit includes withdrawal,
payment to a party or third person pursuant to a check or any other request and a pledge
of sums on deposit by a party, or any setoff, reduction or other disposition of all or
part of an account pursuant to a pledge.
9. "Receive", as it relates to notice to a financial institution, means receipt in
the office or branch office of the financial institution in which the account is
established. If the terms of the account require notice at a particular place, receive
means in the place required by those terms.
10. "Request" means a request for payment that complies with all terms of the
account, including special requirements concerning necessary signatures and rules of the
financial institution, and that, if terms of the account condition payment on advance
notice, is treated as immediately effective. Request includes a notice of intent to
11. "Sums on deposit" means the balance payable on an account, including interest
and dividends earned, whether or not included in the current balance and any deposit life
insurance proceeds added to the account by reason of death of a party.
12. "Terms of the account" includes the deposit agreement and other terms and
conditions of the contract of deposit and includes the contract form.
14-6202 Application of article
This article does not apply to:
1. An account established for any partnership, joint venture or other organization
for a business purpose.
2. An account controlled by one or more persons as an agent or trustee for a
corporation, unincorporated association or charitable or civic organization.
3. A fiduciary or trust account in which the relationship is established other than
by the terms of the account.
14-6203 Types of accounts; existing accounts
A. An account may be for a single party or multiple parties. A multiple party
account may be with or without a right of survivorship between the parties. Subject to
the requirements of section 14-6212, subsection C, either a single party account or a
multiple party account may have a pay on death designation or an agency designation, or
B. An account established before or after December 31, 1994, whether in the form
prescribed in section 14-6204 or in any other form, is either a single party account or a
multiple party account, with or without the right of survivorship, and with or without a
pay on death designation or designating an agent, within the meaning of this section and
is governed by this section.
14-6204 Sample forms
A. A contract of deposit that contains provisions in substantially the following
form establishes the type of account provided. The account is governed by the
requirements of this section that are applicable to that account of that type:
Uniform Single or Multiple Party Account Form
Parties (Name one or more parties):
Ownership (Select one and initial):
_____ single party account
_____ multiple party account
Parties own account in proportion to net contributions unless there is clear
and convincing evidence of a
Rights at death (select one and initial):
_____ single party account
At death of party, ownership passes as part of party's estate.
_____ single party account with POD
(pay on death) designation
(Name of one or more beneficiaries):
At death of party, ownership passes to POD (pay on death) beneficiaries and is
not part of party's estate.
_____ multiple party account with right of survivorship
At death of party, ownership passes to surviving parties.
Multiple party account with right of survivorship and POD (pay on death)
(Name one or more beneficiaries):
At death of last surviving party, ownership passes to POD (pay on death)
beneficiaries and is not part of last surviving party's estate.
_____ multiple party account without right of survivorship
At death of party, deceased party's owner ship passes as part of deceased
Agency (power of attorney) designation (optional)
Agents may make account transactions for parties but have no ownership or
rights at death unless named as POD (pay on death) beneficiaries.
(To add agency designation to account, name one or more agents):
(Select one and initial):
_____ agency designation survives disability or incapacity of parties
_____ agency designation terminates on disability or incapacity of parties
B. A contract of deposit that does not contain provisions in substantially the form
provided in subsection A is governed by the requirements of this article that are
applicable to the type of account that most nearly conforms to the depositor's intent.
14-6205 Designation of agent; authority; termination
A. By a writing signed by all parties, the parties may designate as an agent for
all of the parties on the account a person who is not a party to the account.
B. Unless the terms of an agency designation provide that the authority of the
agent terminates on disability or incapacity of a party, the agent's authority survives
disability and incapacity. The agent may act for a disabled or incapacitated party until
the authority of the agent is terminated. The death of the sole party or last surviving
party terminates the authority of an agent.
14-6206 Beneficial ownership; application and limitation of article
The requirements of this article that relate to beneficial ownership as between
parties or as between parties and beneficiaries apply only to controversies between those
persons and their creditors and other successors and do not apply to the right of those
persons to payment as determined by the terms of the account.
14-6211 Ownership of accounts
A. During the lifetime of all parties an account belongs to the parties in
proportion to the net contribution of each to the sums on deposit unless there is clear
and convincing evidence of a different intent. As between parties married to each other,
in the absence of proof otherwise, the net contribution of each is presumed to be an
B. A beneficiary in an account having a pay on death designation has no right to
sums on deposit during the lifetime of any party.
C. An agent in an account with an agency designation has no beneficial right to
sums on deposit.
D. For the purposes of subsection A of this section, "net contribution" means the
sum of all deposits to an account made by or for the party, less all payments from the
account that are made to or for the party and that have not been paid to or applied to
the use of another party and a proportionate share of any charges deducted from the
account, plus a proportionate share of any interest or dividends earned, whether or not
included in the current balance. Net contribution includes deposit life insurance
proceeds added to the account by reason of the death of the party whose net contribution
is in question.
14-6212 Death of a party; rights of survivors
A. Except as otherwise provided in this section, on the death of a party, sums on
deposit in a multiple party account belong to the surviving party or parties. If two or
more parties survive and one is the surviving spouse of the decedent, the amount to which
the decedent, immediately before death, was beneficially entitled under section 14-6211
belongs to the surviving spouse. If two or more parties survive and none is the
surviving spouse of the decedent, the amount to which the decedent, immediately before
death, was beneficially entitled under section 14-6211 belongs to the surviving parties
in equal shares and augments the proportion to which each survivor, immediately before
the decedent's death, was beneficially entitled under section 14-6211. The right of
survivorship continues between the surviving parties.
B. In an account with a pay on death designation:
1. On the death of one of two or more parties, the rights in sums on deposit are
governed by subsection A of this section.
2. On the death of the sole party or the last survivor of two or more parties, sums
on deposit belong to the surviving beneficiary or beneficiaries. If two or more
beneficiaries survive, sums on deposit belong to them in equal and undivided
shares. Thereafter there is no right of survivorship in the event of death of a
beneficiary. If no beneficiary survives sums on deposit belong to the estate of the last
C. Sums on deposit in a single party account without a pay on death designation or
in a multiple party account that, by the terms of the account, is without right of
survivorship, are not affected by the death of a party. However, the amount to which the
decedent, immediately before death, was beneficially entitled under section 14-6211 is
transferred as part of the decedent's estate. A pay on death designation in a multiple
party account without right of survivorship is ineffective. For purposes of this
subsection, designation of an account as a tenancy in common establishes that the account
is without right of survivorship.
D. The ownership right of a surviving party or beneficiary or of the decedent's
estate in sums on deposit is subject to requests for payment made by a party before the
party's death, whether paid by the financial institution before or after death or
unpaid. The surviving party or beneficiary or the decedent's estate is liable to the
payee of an unpaid request for payment. The liability is limited to a proportionate
share of the amount transferred under this section to the extent necessary to discharge
the request for payment.
14-6213 Alteration of rights
A. Rights at death under section 14-6212 are determined by the type of account at
the death of a party. The type of account may be altered by written notice given by a
party to the financial institution to change the type of account or to stop or vary
payment under the terms of the account. The notice shall be signed by a party and
received by the financial institution during the party's lifetime.
B. A right of survivorship arising from the express terms of the account, section
14-6212 or a pay on death designation may not be altered by will.
14-6214 Accounts; transfers; nontestamentary effect
A transfer of an account pursuant to section 14-6212 is effective by reason of the
terms of the account involved and is not testamentary or subject to chapters 1 through 4
of this title.
14-6216 Community property; effect of account; right of survivorship
A. A deposit of community property in an account does not alter the community
character of the property or community rights in the property.
B. A right of survivorship between parties married to each other arising from the
express terms of the account or section 14-6212 may not be altered by will.
14-6221 Financial institutions; types of accounts
A. A financial institution may enter into a contract of deposit for a multiple
party account to the same extent it may enter into a contract of deposit for a single
party account and may provide for a pay on death designation and an agency designation in
either a single party account or a multiple party account.
B. A financial institution need not inquire as to the source of a deposit to an
account or as to the proposed application of a payment from an account.
14-6222 Multiple party accounts; payment; proof of death and survivorship
A financial institution, on request, may pay sums on deposit on a multiple party
1. One or more of the parties, whether or not another party is disabled,
incapacitated or deceased when payment is requested and whether or not the party making
the request survives another party.
2. The personal representative, or, if there is none, the heirs or devisees of a
deceased party who present an affidavit in compliance with section 14-3971, subsection B
and proof of death to the financial institution showing that the deceased party was the
survivor of all other persons named on the account either as a party or beneficiary,
unless the account is without right of survivorship under section 14-6212.
14-6223 Pay on death accounts; payment
A financial institution, on request, may pay sums on deposit in an account with a
pay on death designation to:
1. One or more of the parties, whether or not another party is disabled,
incapacitated or deceased when the payment is requested and whether or not a party
survives another party.
2. The beneficiary or beneficiaries, if proof of death is presented to the
financial institution showing that the beneficiary or beneficiaries survived all persons
named as parties.
3. The personal representative or, if there is none, the heirs or devisees of a
deceased party, if proof of death is presented to the financial institution showing that
the deceased party was the survivor of all other persons named on the account either as a
party or beneficiary.
14-6224 Agency accounts; payment to designated agent
A financial institution on request of an agent under an agency designation for an
account may pay to the agent sums on deposit in the account, whether or not a party is
disabled, incapacitated or deceased when the request is made or received, and whether or
not the authority of the agent terminates on the disability or incapacity of a party.
14-6225 Payments to minors
If a financial institution is required or permitted to make payment pursuant to this
article to a minor designated as a beneficiary, payment may be made pursuant to the
uniform transfers to minors act under chapter 7, article 7 of this title.
14-6226 Financial institutions; discharge of claims; exception
A. A payment made pursuant to this article in accordance with the type of account
discharges the financial institution from all claims for these amounts, whether or not
the payment is consistent with the beneficial ownership of the account as between parties
or beneficiaries or their successors. Payment may be made whether or not a party,
beneficiary or agent is disabled, incapacitated or deceased when payment is requested,
received or made.
B. Protection under this section does not extend to payments made after a financial
institution has received written notice from a party or from the deceased party's
personal representative, surviving spouse or heir or devisee If this notice states that
payments in accordance with the terms of the account, including one having an agency
designation, should not be permitted and the financial institution has had a reasonable
opportunity to act on it when the payment is made. Unless the notice is withdrawn by the
person giving it, the successor of any deceased party shall concur in a request for
payment if the financial institution is to be protected under this section. Unless a
financial institution has been served with process in an action or proceeding, no other
notice or other information shown to have been available to the financial institution
affects its right to protection under this section.
C. A financial institution that receives written notice pursuant to this section or
otherwise has reason to believe that a dispute exists as to the rights of the parties may
refuse, without liability, to make payments in accordance with the terms of the account.
D. Protection of a financial institution under this section does not affect the
rights of parties in disputes between themselves or their successors concerning the
beneficial ownership of sums on deposit in accounts or payments made from accounts.
14-6227 Financial institutions; right to setoff against account
Without qualifying any other statutory right to setoff or lien and subject to any
contractual provision, if a party is indebted to a financial institution the financial
institution has a right to a setoff against the account. The amount of the account
subject to a setoff is the proportion to which the party is, or immediately before death
was, beneficially entitled under section 14-6211 or, in the absence of proof of that
proportion, an equal share with all parties.
In this article, unless the context otherwise requires:
1. "Beneficiary form" means a registration of a security that indicates the present
owner of the security and the intention of the owner regarding the person who will become
the owner of the security on the owner's death.
2. "Register" means to issue a certificate that shows the ownership of a
certificated security or, in the case of an uncertificated security, to initiate or
transfer an account that shows ownership of securities.
3. "Registering entity" means a person who originates or transfers a security title
by registration and includes a broker who maintains security accounts for customers and a
transfer agent or other person who acts for or as an issuer of securities.
4. "Security" means any share, participation or other interest in property, in a
business or in an obligation of an enterprise or other issuer and includes a certificated
security, an uncertificated security and a security account.
5. "Security account" means:
(a) A reinvestment account associated with a security, a securities account with a
broker, a cash balance in a brokerage account, cash, interest, earnings or dividends
earned or declared on a security in an account, a reinvestment account or a brokerage
account, whether or not credited to the account before the owner's death.
(b) A cash balance or any other property held for or due to the owner of a security
as a replacement for or product of an account security, whether or not credited to the
account before the owner's death.
(c) An investment management or custody account with a trust company or a trust
division of a bank with trust powers, and includes the securities in the account, a cash
balance in the account, cash, cash equivalents, interest and earnings or dividends earned
or declared on a security in the account, whether or not credited to the account before
the owner's death. 14-6302 Registration of securities; form
Only a person whose registration of a security shows sole ownership by one person or
multiple ownership by two or more persons with right of survivorship, rather than as
tenants in common, may obtain registration in beneficiary form. Multiple owners of a
security registered in beneficiary form hold as joint tenants with right of survivorship
or as owners of community property held in survivorship form and not as tenants in
14-6303 Registration in beneficiary form; applicable law
A. A security may be registered in beneficiary form if the form is authorized by
this or a similar statute of the state of organization of the issuer or registering
entity, the location of the registering entity's principal office, the office of its
transfer agent or its office making the registration or by this or a similar statute of
the law of the state listed as the owner's address at the time of registration.
B. A registration governed by the law of a jurisdiction in which a law that is
similar to this article is not in force or was not in force when a registration in
beneficiary form was made is presumed to be valid and authorized as a matter of contract
14-6304 Origination of registration
A security, whether evidenced by certificate or account, is registered in
beneficiary form if the registration includes a designation of a beneficiary to take the
ownership at the death of the owner or the deaths of all multiple owners.
14-6305 Form of registration
Registration in beneficiary form may be shown by the words "transfer on death" or
the abbreviation "TOD" or by the words "pay on death" or the abbreviation "POD" after the
name of the registered owner and before the name of a beneficiary.
14-6306 Effect of registration
A. The designation of a transfer on death beneficiary on a registration in
beneficiary form has no effect on ownership until the owner's death.
B. A registration of a security in beneficiary form may be canceled or changed at
any time by the sole owner or all then surviving owners without the consent of the
14-6307 Ownership on death of owner
A. On death of a sole owner or the last to die of all multiple owners, ownership of
securities registered in beneficiary form passes to the beneficiary or beneficiaries who
survive all owners. On proof of the death of all of the owners and compliance with any
applicable requirements of the registering entity, a security registered in beneficiary
form may be reregistered in the name of the beneficiary or beneficiaries who survived the
death of all owners.
B. Until division of the security after the death of all owners, multiple
beneficiaries surviving the death of all owners hold their interests as tenants in
C. If no beneficiary survives the death of all owners, the security belongs to the
estate of the deceased sole owner or the estate of the last to die of all multiple
14-6308 Registering entity; obligations; protection
A. A registering entity is not required to offer or to accept a request for
security registration in beneficiary form. If a registration in beneficiary form is
offered by a registering entity, the owner requesting registration in beneficiary form
assents to the protections given to the registering entity by this article.
B. By accepting a request for registration of a security in beneficiary form, the
registering entity agrees that it will implement the registration on the death of the
deceased owner as provided in this article.
C. A registering entity is discharged from all claims to a security by the estate,
creditors, heirs or devisees of a deceased owner if it registers a transfer of the
security in accordance with section 14-6307 and does so in good faith reliance on the
registration, on the requirements of this article and on information provided to it by
affidavit of the personal representative of the deceased owner, the surviving beneficiary
or the surviving beneficiary's representatives or by other information available to the
D. The protections of this section do not extend to a reregistration or payment
made after a registering entity receives written notice that a claimant to any interest
in the security objects to implementation of a registration in beneficiary form. No
other notice or other information available to the registering entity affects its right
to protection under this section.
E. This section does not affect the rights of beneficiaries in disputes between
themselves and other claimants to ownership of the security transferred or its value or
14-6310 Registrations; terms, conditions and forms
A. A registering entity that offers to accept registrations in beneficiary form may
establish the terms and conditions under which it will receive and implement these
requests as well as requests for cancellation of previously registered transfer on death
beneficiary designations and requests for reregistration to effect a change of
beneficiary. The terms and conditions may provide for proving death, avoiding or
resolving any problems concerning fractional shares, designating primary and contingent
beneficiaries and substituting a named beneficiary's descendants to take in the place of
the named beneficiary in the event of the beneficiary's death.
B. The registering entity may indicate a beneficiary substitution by appending to
the name of the primary beneficiary the letters "LDPS" or the words "lineal descendants
per stirpes". This designation substitutes a deceased beneficiary's descendants who
survive the owner for a beneficiary who fails to survive, with the descendants to be
identified and to share in accordance with the law of the beneficiary's domicile at the
owner's death governing inheritance by descendants of an intestate.
C. Other forms of identifying beneficiaries who are to take on one or more
contingencies and rules for providing proofs and assurances needed to satisfy reasonable
concerns by registering entities regarding conditions and identities relevant to accurate
implementation of registrations in beneficiary form may be contained in a registering
entity's terms and conditions.
D. The following are illustrations of registrations in beneficiary form that a
registering entity may authorize:
1. Sole owner-sole beneficiary by John S Brown TOD (or POD) John S Brown Jr.
2. Multiple owners-sole beneficiary by John S Brown Mary B Brown JT TEN TOD John S
3. Multiple owners-primary and secondary (substituted) beneficiaries by either:
(a) John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown.
(b) John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
14-6311 Application of article
This article applies to registrations of securities in beneficiary form made before
or after December 31, 1994, by decedents dying on or after December 31, 1994.